In response to the first part of your query, ordinarily, the senior most male member is the karta of the joint family. He does not owe his position to any agreement or consent of other co-parceners. So long as he is alive, even though he may be aged, infirm, or ailing, he will continue to be the karta.
Can a Hindu joint family be Karta?
The senior most male member of the Hindu joint family is usually the Karta or head of the family. Often Karta is called Manager of the joint family, this is when there exists a family business or if it is a trading family, there has to be a manager to take care of the proper functioning and supervision of the business.
What do you mean by Karta of a joint Hindu family?
The Joint Hindu family is a patriarchal body, and the head of the family is called Karta. Karta is the senior most male member of the family who acts as the representative of the family and acts on behalf of the family. … The powers and position of a Karta are wider than any of the members of the Hindu Joint Family.
When can a junior member of Hindu joint family become a Karta?
She can be a karta only in 2 certain special circumstances: – in the absence of male members, and in case there are minor male members in the family, which is prescribed by the ancient Hindu law, the dharmashatras.
Can females become Karta in a Hindu joint family?
By definition, the karta of an HUF would compulsorily need to be a coparcener. … In the case of Mrs Sujata Sharma vs Shri Manu Gupta & Ors [CS (OS) 2011/2006], the Delhi high court held that an eldest female member of a family, being the coparcener in an HUF, may become the karta of an HUF.
Who becomes Karta in joint Hindu family?
Answer: (b) The joint Hindu family business is controlled by the head of the family who is the eldest member and is called Karta. The karta has unlimited liability while the liability of all other members is limited to their share of co-parcenery property of the business.
Who can become a Karta?
An aged patriarch with failing physical health will continue to be the Karta of the HUF till his death. In case of the demise of the Karta of an HUF, the eldest surviving coparcener in the family automatically becomes the Karta.
Who can be a Karta of a joint family?
In a family consisting of the father and his children, father is the Karta when he dies his eldest son becomes the Karta. Thus in a joint family consisting of brothers the eldest brother is the Karta. It is open to the senior member to give up his right of Management. Then one junior to him can become the Karta.
What are the duties of a Karta?
It is so concluded that the karta holds the position of the manager or guardian in the Hindu Undivided Family. He does not acts as a trustee or agent. He not only holds the power of management but also to manage accounts, provide maintenance, enter into contracts, take loans or pay debts for which he has a wider power.
Where is Karta defined?
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.
How do I appoint new Karta?
1) Notarized Date Certificate of deceased Karta. 2) Account modification Form for Changes in Signature. 3) HUF Declaration duly signed by the family members. 4) Copy of PAN Card & Address Proof of new Karta (With Original for Verification.)
What is the responsibility of the members of joint family leaving the Karta?
Explanation: family members have a big responsibility to support their member and co operate the karta. And everyone should help the other members of the family .
Who becomes the Karta of HUF after death of Karta?
When Karta of the HUF dies, the next senior male member takes over as Karta. If the senior most member gives up his right, a junior coparcener can become Karta of the HUF, with the consent of all other major co-parceners as held by Supreme Court in Narendra Kumar J. Modi Vs CIT (1976) 105 ITR 109 (SC).
Can daughters be Karta?
# Daughters cannot be made karta as they live away from joint family after their marriage the daughter-in-laws do not also originally belong to their in-law’s family, and therefore their possibility of becoming a karta is also ruled out.
Can married daughter become Karta?
After marriage, a daughter will cease to be a member of her parental HUF, but will continue to be a coparcener. Thus, she is entitled to ask for partition of the HUF property, as well as to become the Karta of the HUF, in case she happens to be eldest coparcener of her father’s HUF.
Can a daughter become a Karta?
A Hindu Undivided Family (HUF) is known as a Joint Hindu Family under the Hindu Law. It comprises all persons lineally descended from a common ancestor and living under a common roof and joint in estate, food and worship.