Wednesday, 31 August 2017

Sunday, 25 February 2018

Powers and function of karta in Hindu family

The Karta is the manager of joint Hindu family,he is the person who take care of day to day expenses of the family looks after family and protects the joint family properties.The Father if living would generally be the karta of the joint Hindu family and where Father is not alive the next senior male members take over as a karta, Powers and function of Karta are discuss below.
After the Hindu Succession amendment Act 2005 a female also can became a karta.


Powers and function of karta in Hindu family

1. Income and expenditure
The karta has control the income and expenditure of the joint family.He is not bound like a trustee or agent he spends the money for the purpose of family. example-maintenance,education,marriage.

2. Manage joint Family business
The karta has power to manage joint family business.In this matter he can take all such step which are necessary for the promotion of the business.

3. Contract Debt
He has power to contract debt for family purpose and family business.He also has power to pay debt or to make pack payment debt.

4. Refer to Arbitration
The karta may refer to arbitration any matter involving the interest of joint Hindu family and the others members of the joint family including minor are bound by the reference and
consequently by the award made upon it.

5. Enter into compromise
The karta can enter into a compromise in any matter relating to joint Hindu family Property.He has no power to to give up a debt due to joint family and give up a valuable item without any return or consideration.

6. Give Discharge
He has power to give valid discharge for debt due to joint family.Hence if one of the members is a minor he cannot claim the benefit of section 7 of the limitation Act.

7. Powers to represent
Karta represent the family in all matters Legal,Social and Religious.He can enter into any transaction on behalf of the family.His act are binding on entire joint family.

8. Powers of alienation
Karta has the power to alienate the joint family property. According to modern law the joint family property may be alienated for the following purpose-Legal necessity,Benefit of state,For indispensable duty.

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