In a family consisting of the father and his children, father is the Karta when he dies his eldest son becomes the Karta. Thus in a joint family consisting of brothers the eldest brother is the Karta. It is open to the senior member to give up his right of Management. Then one junior to him can become the Karta.
Who becomes Karta in joint Hindu family?
The senior-most male member of the Joint Hindu Family is considered as the Karta of family and he has infinite powers and control over the business. But the main drawback is the unlimited liability associated with the position i.e. his personal assets can be used to payoff the debts, if need arises.
Who can be a Karta of the Hindu joint family is this position open to a female Hindu?
In the case of Mrs Sujata Sharma vs Shri Manu Gupta & Ors [CS (OS) 2011/2006], the Delhi high court held that an eldest female member of a family, being the coparcener in an HUF, may become the karta of an HUF.
Who can be Karta under Hindu law?
Article 236 of the Mulla Hindu Law defines “Karta” as follows: Manager – Property belonging to a joint family is ordinarily managed by the father or other senior member for the time being of the family: The Manager of a joint family is called Karta.
Who is a Karta of a joint family?
The head of the Hindu Joint Family also called the Karta or manager of the joint family occupies a unique position unlike any other member of the family. The senior most male member of the Hindu joint family is usually the Karta or head of the family.
Can female be a Karta?
The head of a HUF is called the Karta, he is the senior-most male member of the family. … Until January 2016, a woman could not be the HUF Karta. But in a landmark case, the Delhi High Court ruled in favour of a female being the Karta of a HUF. However, the same has not been incorporated in the Income Tax Act as yet.
Can one person be Karta of 2 HUF?
Thus, it is possible a person can be Karta in two HUF. … Till your father’s HUF is partioned you can continue to be be the karta of the said HUF, if you are the eldest son otherwise the eldest son shall be the karta. So you can be karta for 2 HUFs.
Can a female become Coparcener of Hindu joint family?
The amendment of 2005 in the Hindu Successions Act has cleared the pathway for women to be a coparcener in a Hindu Joint Family and has given them consideration for being the Karta.
Can married daughter become Karta?
After marriage, a daughter will cease to be a member of her parental HUF, but will continue to be a coparcener. Thus, she is entitled to ask for partition of the HUF property, as well as to become the Karta of the HUF, in case she happens to be eldest coparcener of her father’s HUF.
Who Cannot be a Karta?
2. Junior male member: In the presence of a senior male member, a junior male member cannot be the Karta. However, with the consent of all the coparceners, a junior male member can be appointed as a Karta.
What are the two schools of Hindu law?
The two major schools of Hindu law are as follows:
Mitakshara and Dayabhaga are the two important schools of Hindu Law which have given us the required information about the present legislated laws.
What is Coparcenary under Hindu law?
A Hindu joint family consists of lineal descendants of a common ancestor. In other words, a male head and his descendants, including their wives and unmarried daughters. … In other words, a coparcenary has succession up to four degrees of lineal descent.
What are the powers of Karta under Hindu law?
Karta has the power to compromise the disputes relating to management or family property. He can compromise family debts, pending suits and other transactions. The compromises made by the Karta, can be challenged in court by heirs only on the ground of malafide.