2. WHO IS A KARTA
Karta means manager of joint family and joint family properties.
He is the person who takes care of day to day expenses of the family
looks after the family and protects the joint family properties.
3. WHO CAN BE A KARTA
It is a presumption that ordinarily senior most male member is the Karta
Karta is always a member in the family no outsider or stranger.
The senior most male member so long as he is alive may be, aged, infirm or ailing continues as Karta. By
his death Kartaship will pass on to next senior most male member.
In the presence of senior most male member a junior cannot act as Karta but if all coparcener agree, a
junior also can become a Karta.
4. FEMALE MEMBER
Generally female member cannot become Karta but in exceptional circumstances female also can act as
Karta.
Nagpur High Court held the view that mother even though not a coparcener, in the absence of adult
male member can act as Karta.
In Commissioner of Income Tax Vs. Seth Govind Ram, the Supreme Court held mother or any female
member could not be Karta of joint family and therefore cannot alienate joint family property.
5. POSITION OF KARTA
Karta is sui generis (of its own kind)
He is the head of the family and acts on behalf of other members.
He stands fiduciary relationship with other members but he is not a trustee,
When any coparcener charges of improper alienations made by Karta, burden of proof lies on him to
prove such are malafide act of Karta.
6. POWERS OF KARTA
Power to represent
Power of management
Power over income
Power of alienation
a) Legal necessity
b) Benefit of estate.
c) Indispensable duties.
Power to compromise
Power to contract debts
Power to enter into the contract
7. DUTIES OF KARTA
Maintenance
Marriage
Render accounts
Representation
8. LIABILITIES OF KARTA
Liability to maintain
Liability to spend reasonably
Liability not to alienate property
Liability not to start a new business
Liability to render accounts
