Introduction

In the entire Hindu joint family, the karta or the manager occupies a very pivotal position. Earlier, he was the unquestioned ruler of the family, but the domain of his power as the head of the family has been considerably diluted as a result of innovative legislative enactments and equitable judicial interpretations.

Meaning of Karta

• A Karta is the manager of a joint family and its properties.
• They are responsible for handling the family’s day-to-day expenses, taking care of the family members, and protecting the joint family properties.

Who can be a Karta

• It is a presumption of Hindu Law that the seniormost male member is the karta of the joint family.
• The seniormost male member is karta by virtue of the fact that he is the seniormost male member. He does not owe his position to the agreement or consent of other coparceners.
• So long as he is alive, he will continue to be the karta.
• After the death of the karta, the senior most male member takes his place as karta.
• In presence of a senior male member, a junior male member cannot be the karta. But if all the coparceners agree, a junior male member can be a karta.
• Two persons may look after the management of the property, but the joint family has to be represented by only one karta.
• Even a minor can act as karta and represent the family through the guardian.

Position of Karta

• The position of Karta is sui generis.
• He holds a distinctive position within the family and cannot be compared to other family members.
• He possesses a wide range of powers as he is in charge of managing all the family affairs.
• The relationship between him and other members is not that of principal or agent.
• He is the head of the family and acts on behalf of other members.
• He stands in fiduciary relationship with other members, but he is not a trustee.
• Ordinarily he is accountable to none.
• His position is superior to other members, and he represents the family.
• He is not required to maintain a regular and systematic account of the joint family property,
• He is not liable for his positive failures such as failure to invest, to prepare accounts or to save money, where he misappropriates the joint family funds or uses them for purposes other than for family benefits, he is accountable, otherwise his discretion cannot be closely scrutinized.
• He is not bound to pay the income of the joint family in any fixed proportion to other members.
• The position of karta is purely honorary. Thus, he is not entitled to draw or receive any salary for the services rendered.

Female Members as Karta

• Earlier, a female was not given the chance to be a coparcener and so she was not empowered to act as a karta.
• After the enactment of the Hindu Succession Amendment Act, 2005, equal property rights on daughters of a Hindu Joint Family were conferred.
• Now, a daughter can be a coparcener in a Hindu Joint Family in the same way as the sons.
• After her marriage, she becomes a part of her Husband’s Hindu Joint Family but does not cease to be a coparcener in the Hindu Joint Family of her father.
• She can exercise all the rights given to any coparcener before and even after marriage.
• Therefore, in the father’s absence she can be karta, if she is the senior most member in the family.

Case Laws

• In Tribhovan Das v. Gujarat Revenue Tribunal (1991), the Supreme Court observed that a younger member of the joint Hindu family can deal with the joint family property as manager in the following circumstances:
  • If the senior member or the karta is not available.
  • Where the karta relinquishes its right expressly or by necessary implication.
  • In the absence of the manager in exceptional and extraordinary circumstances such as distress or calamity affecting the whole family and for supporting the family.
  • In the absence of a father whose whereabouts were not known or who was away in a remote place due to compelling circumstances and his return within a reasonable time was unlikely or not anticipated.
• In Damodar Misra v. Sanamali Misra (1967), it was held that two kartas cannot lead to the smooth management of the property of a joint Hindu family and other affairs of the family in view of the powers of the karta .
• In Manu Gupta v. Sujata Sharma & Ors. (2023), the Delhi High Court held that neither the legislature nor the traditional Hindu Law in any way limits the rights of a woman to be a Karta of a Hindu Undivided Family.