In Hindu law karta is a elder member of the family, karta shall be male coparcener of the family. Daughter can also be karta.
The eldest male coparcener per se become the karta. It is his birth right and he is considered to be the closest to the ancestors, is the one who does Pind daan for his ancestors. His position is swe generes (per se), his position is peculiar position and is not same as manager, or as trusty. He has some peculiar power, and is last hold of the ancestors property.
What is pind daan? Karta Hindu law
Pind daan is practised to ensure peace and salvation to deceased ancestors in hindu spiritual tradition. In this, presenting food, water, and prayers to one’s ancestors or recently deceased loved ones is known as Pind Daan.
A cooked rice in ball shape known as a pind, the rice ball during the pind daan is offered to the deceased, to ensure peace to deceased.
Can junior member be karta? Karta Hindu law
In case Narendra kumar vs CIT Sc held that junior member can be karta of the family which is immediately to next to his.
EXAMPLE: CAN FS1 BE KARTA? If fs is in such a vegetative stage that he is incapable of performing the duty of karta. Fs will call fs1 and all coparcener and obtain consent from them to make fs1 as karta. If any minor coparcener then the consent can be obtained from the Guardian of the child and declare fs1 as karta.
Narendra kumar J modi vs CIT 1976
In this case Narendra kumar J modi vs CIT it was held that karta shift can be delegated by karta upon a young coparcener. Karta who is immediately to next to him in very rare circumstances.
Rare circumstances to appointment of junior karta
Junior Karta Shall be appointed in rare circumstances in Hindu law as following:-
- The Karta should be old and ill unable to perform his function.
- Himself agreed by karta to a point a younger member as karta.
- The appointee should also agree to become the karta.
- Here the appointee is, who is going to be karta.
- The express consent of all other coparcener taken, if any coparcener is minor, unsound then his Guardian should give consent.
Can there be two karta in hindu family?
No there can not be two karta in a family, there may different manager but not karta.
In case UNION OF INDIA VS SHRI RAM BOHRA the Sc held that in one family there can be only one karta.
Union of India vs Ram Bohra 1963 Karta Hindu law
In This case Union of India versus Ram bora 1963, the supreme court held that in one family there can be only one karta though there can be several manager.
Can there be an injunction against karta by coparcener to prevent him from eliminating joint property?
No, there can not be an injunction against Karta by coparcener to prevent him from eliminating the joint property.
In case Sunil kumar and other vs Ram prakash others that Karta occupies special position and he has the power to eliminate the joint property.
Sunil kumar and other vs Ram prakash others 1988 Karta Hindu law
In this case Sunil kumar and other vs Ram prakash others supreme court held that Karta occupies the special position and has power to eliminate joint family property out of legal necessity and benefit of estate.
The karta no necessary to obtain concent of other coparcener, he has un federal power of such elimination of a condition are fulfilled.
A coparcener can always have the elimination to declared void after the transaction has been completed. But he cannot obtain an injection against the Karta to prevent him from making such elimination.
Sujata sharma v manu gupta 2005 proprietary justice
In this case Sujata sharma v manu gupta, karta position is socio-economic relation process, so it is not necessarily for proprietary justice.
Delhi High court justice Nazani J. Same to be and same line in this judgement the court has not discussed the karta peculiar or the religious position.
The court nor discuss the purpose of 2005 amendment rather simply on the ground, does the daughter has the same right as those of Son. It has declared that the daughter can be karta in the Hindu joint family.
Daughter can be karta
Daughter is not source of coparcener, daughter can be made karta as she standing same position as of son.
However purpose of 2005 amendment, does not seen to be suggesting same as it is limited only to proprietary, reforms in favour of women. However the court is always free to interpret a law of in such progressive judgement of socio rigid reforms.
Duty of coparcener in elimination of property
The alienee has duty to examine and time of elimination that property is actually sold for legal necessity. The reasonable examination shall be done.
Whenever a suit for setting a side such an elimination is file the burden of proof on alienee. It also to prove that the elimination was made for legal necessity.
Benefit of estate, Karta Hindu law
Karta gan eliminate the property according to his reasonable prudence for benefit of estate. For example, elimination of properties for preserving it from extension, improvement of property, consolidation of property.