DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

Family Law I - Abstract

Powers of Karta: A Critical Study

The concept of power in Hindu Joint Family is not just a position of power but also
serves a very practical purpose. A Hindu joint family is a very complex entity and it is imperative
that in order that all the functions and duties are carried out conveniently, there be a centralizing
force, which is readily provided by the karta. Whether it is regarding the legal issues or regarding
property issues, the karta represent the entire joint family and this saves the trouble of multiple
claims of action. Centralization is the key to good management and this is provided by the karta.
Along with numerous powers, a lot of checks have also been imposed on the karta to
prvent any misuse of power. This ensures that the karta works for the benefit of the joint Hindu
family. Law has been provided enough remedies to the members of the joint family to protect
their interest in case of any despotic behavior by the karta.
In a Hindu Joint Family, the Karta or Manager occupies a pivotal and unique place in that
there is no comparable office or institution in any other system in the world. His office is
independent of any other and hence his position is termed as sui generis.
The karta in a Hindu joint family holds quite an extra-ordinary position with reference to
its understanding and complexity. This sui generis nature of the system holds an important
position in understanding how a joint family functions with reference to the numerous duties and
varied works the individual members of a family are involved, being clubbed together in a single
household. The concept of Karta has an origin that dates centuries back and it still holds its
ground due its various functional elements. One family that entails a no. of members who live
together and hold joint property, necessarily require a Karta to boost the cohesive aspect of such
a family with reference to its dealings and ventures.
The author tries to specify various contexts as such of characteristics of karta and liability
bound to him. Powers of alienation and legal necessity of karta. Sources of power in Hindu
family.
The idea of a karta has been diluted in present times to maintain reasonability in the
decisions and judgments that a karta binds the joint family to. There are no absolute powers as
that of the previous patriarch as various legal remedies are available and thus, the managerial
system of having a central head works in varied mannerisms.
S.VISESH GOPAL
SEC. B, ROLL NO. 2015111