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Joint Hindu Family: Rights and Karta Role

A joint Hindu family is a group of relatives descended from a common ancestor, including children, grandchildren, spouses, and daughters-in-law or widowed daughters who have returned to their parental family. It is normally joint in worship, kitchen, and business. A coparcener is a person who assumes a legal right in parental property by birth within a Hindu Undivided Family (HUF), which includes the eldest member and three generations of a family as coparceners with shared possession and enjoyment of income and property. The Karta is the manager of the HUF with wide powers to control its affairs without consent, in a fiduciary relationship to other members, and can alienate joint family property for legal necessity

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MINNU MINHAZ
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70 views2 pages

Joint Hindu Family: Rights and Karta Role

A joint Hindu family is a group of relatives descended from a common ancestor, including children, grandchildren, spouses, and daughters-in-law or widowed daughters who have returned to their parental family. It is normally joint in worship, kitchen, and business. A coparcener is a person who assumes a legal right in parental property by birth within a Hindu Undivided Family (HUF), which includes the eldest member and three generations of a family as coparceners with shared possession and enjoyment of income and property. The Karta is the manager of the HUF with wide powers to control its affairs without consent, in a fiduciary relationship to other members, and can alienate joint family property for legal necessity

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MINNU MINHAZ
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Q: Define Joint Hindu family and distinguish it from Company?

A: The institution of joint Hindu Family is very ancient. It has evolved from the ancient
patriarchal family which can be described as the earliest unit of human society. In simple terms,
a joint Hindu family is a group of relatives tied together by ties of kinship & marriage and
descended from a common ancestor. It includes children, children’s children down the line,
spouses.  A joint Hindu Family is normally joint in worship/kitchen/business. Even daughter in
laws/widowed daughters who has returned back to their parental side are part of a Hindu joint
family. A joint family may encompass countless generations.

Q: What are the rights of a Coparcener in a family governed by the Mitakshara school of
Law? Refer Case Laws?
A: This term is generally said in matters related to the Hindu succession law. Coparcener is a
term used for a person who assumes a legal right in his parental property by birth only. To
understand this in a better way, we need to first understand the term Hindu Undivided Family
(HUF).In the eyes of the law, a HUF is a group of family people, who are the lineal descendants of
a common ancestor. This group includes the eldest member and three generations of a family.
Moreover, all these members are known as coparceners.
Community of interest and unity of possession are as follows
 Joint possession and enjoyment
 Share of Income
 Right against exclusion from joint family property
 Right of maintenance and other necessary expenses
 Right to enforce partition
 Right to account
 Right to restrain improper acts
 Right of alienation
 Right to impeach unauthorised alienations
 Right to renounce
 Right of survivorship
 Right to make self-acquisition
In Anani v. Gopal In one case, A and В were members of a joint family. A prevented В
from using a door which was the only means of access to the rooms which were in B’s
occupation. It was held that, in the circumstances, the Court could, by injunction, restrain A
from disturbing В in the use of the door

Q: Who is Karta? Discuss his position in Joint Family?


A: He Karta is the manager of HUF and have wide powers by way of controlling the affairs of
the HUF. The Karta enjoys his position in the HUF by operation of law without any agreement
and consent of other members of HUF. He stands in a fiduciary relationship with other members,
but he is not accountable to anyone.
Karta is sui generis the relationship between him and members is not like principal or agent or
like partners in a partnership firm. 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, nobody
can question what he spent unless charges of misappropriation .When any coparcener charges of
improper alienations made by Karta, burden of proof lies on him to prove such are malafide act
of Karta. There can be more than one KARTA of a HUF.

Q: Discuss the powers of Karta to alienate Joint family property under Mitakshara law.
Refer leading Cases?
A: Nobody in the family has power to alienate joint family property. However Karta has power
Of alienation under these circustances, Such as Legal necessity and Benefit of the estate under
mitakshari law.
Here are soe leading case laws relating to the same,
In Gollamudi Shiva Kumar v. Indian Overseas Bank, the Andhra Pradesh High Court
observed: “The Karta of a joint family САП burden the estate by mortgaging the property for the
benefit of the estate. However, in doing so, he must act as a prudent owner with the knowledge
available to him at the time of transaction. A transaction by the manager which is neither risky
nor speculative but calculated to confer a positive advantage on the family, can be said to benefit
the estate.
Bhanwar Singh v. Puran Singh and others, here the Court held that legal necessity does not
mean actual compulsion; it means pressure upon the estate which in law may be regarded as
serious and sufficient. In this case, suit for sale set a side of joint family property on the ground
that it was not for legal necessity.

SUBMITTED BY
SHAIK MINHAZ
GU16R0684
BA.LLB VIIIth
SEMESTER

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