Who Can Be A Karta?

 Senior Most Male Member: - It is a presumption of Hindu law, that ordinarily the senior most male member is the Karta of the joint family.

Jandhayala Sreeamma v. Krishnavenamma AIR 1957 A.P.434

In the case of Hindu Joint Family a suit to set aside on alienation filed by the younger of the two brothers within three years of his attaining majority would be barred by limitation if the elder brother, who was the manager and an adult has failed to sue within three years of his attaining majority.

The senior most male member is Karta by virtue of the fact that he is senior most male member. He does not owe his position to agreement or consent of other coparceners. So long as he is alive, may be aged, infirm, or ailing, he will continue to be Karta. Even a leper may continue to be the Karta1. However, in cases of insanity or any other disqualifications, the next senior male member generally takes over the Kartaship. Once this is done the former will cease to be a karta.

So long as the father is alive, he is the karta. After his death it passes to the senior most male member, who may be the uncle, if coparcenery consists of uncles and nephews, or who may be the eldest brother, if coparcenery consists of brothers.

Junior Male Member

In the presence of a senior male member, a junior male member cannot be the Karta. But if all the coparceners agree, a junior male member can be a Karta. Coparceners may withdraw their consent at any time.

"So long as the members of a family remain undivided the senior member is entitled to manage the family properties including even charitable property and is presumed to be the manager until the contrary is shown. But the senior most member may give up his right of management and a junior member may be appointed as manager."

Narendrakumar J Modi v. CIT 1976 S.C. 1953

Facts: - Baplal Purushottamdas Modi was the head of the HUF. Joint family possesses many immovable properties and carried business of various types such as money lending, etc. He executed a general power of attorney in favor of his 3rd son, Gulabchand on Oct 5, 1948. On Oct 22, 1954 Baplal relinquished his share. On Oct 24, 1954 the existing members of the family executed a memo of partition. However, the order accepting partition was not passed, the contention of the appellant was that Gulabchand couldn’t be a karta because he is a junior member and other members of the family did not accept him as a karta.

Judgment: - It was held that Gulabchand was given the power to manage by Baplal because Gulabchand’s elder brother was an aged man of 70 years. And also the father of appellant died in 1957. So, under such circumstances, Gulabchand appears to have acted as the Karta with the consent of all the other members and hence the appeal was dismissed.