KARTA OF JOINT FAMILY

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This article is written by Srishti Agarwal of BBALLB of 3^rd Semester of Maharaja Agrasen Institute of Management Studies, an intern under Legal Vidhiya

Abstract

the Indian society is built upon the foundation of family, and the joint family system has flourished for many years. Central to the joint family is the “karta,” the eldest male member who holds great significance. In this article, we delve into the deep importance of the karta in a joint family, examining how they shape the family hierarchy and preserve cherished customs. We explore the duties, position, and influence of the karta, emphasizing their crucial role in maintaining harmony and passing on cultural heritage. This article delves into the significance of the karta in the traditional joint family system, exploring their role as the head of the family, their responsibilities, and the changing dynamics of this long-established institution.

Keywords

family hierarchy, karta of joint family, family traditions

Introduction

For centuries, the joint family system has thrived in Indian society, forming the bedrock of their cultural identity. At the core of this familial structure lies the “karta,” the eldest male member who holds immense significance. In this article, we embark on a journey to explore the profound importance of the karta in a joint family, unraveling their crucial role in shaping the family hierarchy and preserving cherished traditions. We delve into the responsibilities, role, and influence of the karta, shedding light on their pivotal role in maintaining unity and passing down the rich cultural heritage from generation to generation. Join us as we uncover the essence of the karta in the intricate tapestry of a joint family.

Who is karta ?

In Sanskrit, the term “karta” denotes the person who executes or conducts actions. In a joint family system, the karta is the eldest male member who takes on the role of making choices and supervising the family’s matters. Usually, the karta is the father or grandfather and is considered as the head of the household.

History

With deep historical roots, the concept of the karta in the joint family system has long been a central aspect of Indian society. Traditionally, the joint family structure was the predominant form, offering economic stability, mutual support, and a cohesive identity. Entrusted with the responsibility of overseeing the family’s affairs, the karta, typically the eldest male member, played a pivotal role shaped by societal norms, religious beliefs, and the prevailing economic and social structure of the era.

Who can be a karta ?

In a Hindu Undivided Family (HUF), it is customary for the eldest male member to assume the role of the Karta. As the head of the family, the father typically holds this position. However, in the event of the father’s passing, the next senior male member takes on the responsibilities of the Karta. It is also possible for a family member to voluntarily relinquish their position as the Karta. In certain circumstances, a minor can become the Karta under the guardianship of their legal guardian.

Women as a karta

According to ancient text , in situations where there are no male members in a family or when the male members are minors, females can assume the role of the Karta. This means that women are eligible to act as the Karta and take on the responsibilities associated with this position, as stipulated by the Dharmasastra. This provision recognizes the importance of female leadership and ensures continuity and stability within the family structure, even in the absence of eligible male members.

In accordance with a ruling by the Delhi High Court, it has been established that a woman can assume the role of Karta in a family if she fulfills certain criteria. Specifically, if she is the eldest member and a coparcener, she can be appointed as the Karta. This significant development was made possible by an amendment to the succession law in 2005, which granted women coparcener rights within a Hindu Undivided Family (HUF). It is important to note that even after marriage, a daughter retains her status as a coparcener and remains a member of the HUF. This progressive change reflects a shift towards greater gender equality and inclusivity within the family structure.

Minor male member

Upon mutual agreement among the coparceners, it is possible for a junior male member to assume the position of the Karta within the family. Through a collective decision and consensus with the coparceners, a junior male member can be appointed as the Karta and take on the associated responsibilities. This arrangement allows for flexibility and adaptability within the family structure, ensuring a smooth transition of leadership based on the needs and dynamics of the family.

Senior member of a family

The position of Karta is granted to the senior most male member within the family. This means that only family members have the right to become Karta’s, as it is an internal role and cannot be assumed by outsiders or strangers. If the senior most male member is alive, he will continue to hold the position of Karta. However, in the event of his passing, the responsibility of Karta will be transferred to the second senior-most member of the family. It is important to note that the role of Karta is accepted by all the coparceners through consent or agreement, ensuring a smooth transition of authority within the family.

Role of a karta

The karta assumes the role of overseeing the overall welfare of the entire family. They bear the responsibility of making crucial decisions, ranging from financial affairs to resolving family conflicts. Additionally, the karta manages the family’s assets and ensures the well-being of all family members.

In a joint family, the karta holds the highest position of authority. Their decisions are regarded as final, and the entire family seeks their guidance and support. Furthermore, the karta is accountable for upholding the family hierarchy and ensuring adherence to family traditions and values by all family members.

In a joint family, the highest position in the family hierarchy is held by the karta, who is followed by the “kartaani” or the female head of the family, who is the wife of the karta. After the kartaani, the eldest son and his wife come next, followed by the other sons and their families.

The family hierarchy plays a crucial role in maintaining order and discipline within a joint family. The karta is responsible for ensuring that everyone in the family adheres to the hierarchy and shows respect for each other’s roles and responsibilities.

Responsibilities of a karta

The position of Karta is unique and distinct; it cannot be compared to that of a principal, agent, or partner in a partnership firm.

As the head of the family, the Karta acts on behalf of the other members. While the Karta holds a fiduciary relationship with the other members, it is important to note that they are not considered a trustee. Unless there are specific allegations of misappropriation, the Karta’s decisions regarding expenditure cannot be questioned.

In the event that a coparcener accuses the Karta of improper alienations, the burden of proof lies on the accuser to demonstrate that such actions were carried out with malicious intent. This requirement ensures that allegations against the Karta are substantiated rather than based on mere speculation.

Power of karta

The Karta holds a significant amount of power within the joint family system. Here are some primary powers and responsibilities associated with the role of the Karta:

Decision-making: The Karta is accountable for making crucial decisions on behalf of the family, which includes matters related to finances, investments, and property management. Typically, their decisions are binding for all family members.
Family governance: The Karta plays a central role in maintaining unity and order within the family. They establish and enforce rules, traditions, and values that govern the behavior and interactions of family members.
Asset management: The Karta is entrusted with the responsibility of managing the family’s assets, which includes properties, investments, and financial resources. They oversee the allocation and utilization of these assets for the benefit of the family.
Legal representation: The Karta represents the family in legal matters and acts as the spokesperson for the family in external dealings. They have the authority to enter into contracts, initiate legal proceedings, and make decisions in legal affairs on behalf of the family.
Rituals and ceremonies: The Karta is entrusted with the responsibility of overseeing and organizing a variety of family rites, rituals, and religious observances, ensuring that they are conducted in accordance with family traditions and customs.
Passing down traditions and values: The role of the Karta is essential in safeguarding and transferring the cultural heritage, customs, and values of the family to the subsequent generations. They are responsible for safeguarding the legacy of the family and ensuring its continuity.
Resolving disputes: The Karta serves as an arbitrator and mediator in family conflicts, advocating for amicable solutions and preserving the unity of the family. They have the power to make decisions and offer counsel to settle disputes.

The scope of the power of the Karta may differ depending on the cultural, social and legal context, as well as on the agreement and consent of the relevant family members.

Liabilities of karta

Financial responsibility is the primary responsibility of the karta to manage the family’s financial resources, such as income, expenditure, investment, and real estate. This financial accountability can be significant, and the Karta’s financial choices can have a significant impact on the family’s financial prosperity. As a result, the karta may be responsible for financial success or failure.
In many cases, the karta is responsible for the administration of ancestral lands and resources. While this is an official position, it also entails legal obligations. In the event of disputes or legal proceedings concerning family assets, the karta can be held legally responsible.
The role of the karta is to maintain the unity of the family. When different members of the family have different interests, views, or priorities, they may be responsible for maintaining the family unity. This can be both emotionally draining and difficult.
Family debts and liabilities may be inherited by the karta in certain circumstances. The burden of managing and paying these obligations can be considerable, particularly when the family is experiencing financial hardship.

Characteristics

Karta’s position is distinct. No one can be likened to him among the members of the family. He has absolute power, even if acting on behalf of others, and cannot be regarded as a partner or representative.
He has complete authority over the family and has broad powers. He is not accountable to anyone. The only exception is in the event of fraud, embezzlement, or conversion.
He is not obligated to invest, save, or economise, and is free to use the resources however he pleases, unless he is held accountable for the aforementioned charges.
He is not required to distribute the income generated by the joint property evenly among the family members, and is not required to be impartial. All that is required is that he should pay all members of the family so that they may have access to essential resources such as food, clothes, education, shelter, etc.

Right of women

It has been established that no female has the right to partition, however, certain females are entitled to receive shares in the event of partition. According to the Hindu Women’s Right to Property Act, 1986 under section 6[1], when a father’s wife, mother, and grandmother die, they are entitled to a share of the father’s share. Additionally, when a widow dies, she is entitled to the widow’s share of the husband’s share. Lastly, when a coparcener dies, the widow’s share is entitled to the extent of the coparcener’s undivided interest.

Conclusion

The karta is the cornerstone of a joint family. It is responsible for upholding the family hierarchy, preserving family customs, and ensuring the unity of the family. Although the karta may appear to be obsolete, in a society where traditional values and customs are gradually disappearing, its significance cannot be disregarded.

In the past, it was thought that a daughter could not be a co-owner of the joint family property, however, this opinion was changed after the Hindu Succession Amendment Law, 2005, was passed. This Act has granted daughters the same rights as sons in terms of co-ownership. Section 6 of the 1956 Hindu Succession Act[2] has been interpreted in a more logical manner, and it is now possible for a female member of a family to become the Karta, as ruled by the Delhi High Court in the Sujata Singh versus Shri Manu Gupte case.

In addition to making decisions, the karta serves as a mentor, mentor guide, and guardian of the family cultural heritage. It is essential for the development of younger generations and ensures that the family’s customs and values are preserved for future generation

References