Karta- huf
Ritambhara
(Querist) 26 June 2013
This query is : Resolved
1. what happens if HUF doesnot appoint a karta upon demise of its karta?
2. is there any provision/case law whereby eldest son is automatically appointed as karta.
3. If by Hindulaw senior most member is the karta, what happens if it does not perform his duties?
Anirudh
(Expert) 26 June 2013
The said HUF will be in ruins.
Ritambhara
(Querist) 26 June 2013
Can the coparceners take legal action against the karta ?
prabhakar singh
(Expert) 26 June 2013
YES!HE CAN.DO NOT YOU HAVE FACTS TEACHER?
Anirudh
(Expert) 26 June 2013
If the earlier Karta who died was the father, then the seniormost male member is presumed to be the Karta of the family. The karta is not accountable to the family generally, and even where he mismanages or incurs a loss while managing the family affairs, UNLESS he is charged with fraud or misappropriation of the joint family property. If the seniormost member does not want to continue as the Karta, he can expressly relinquish this position and with the concurrence of the family members, another coparcener, not necessarily the next in seniority may be appointed as the Karta. But for this, the agreement of all the members is necessary and in the case of a conflict, the seniormost will be presumed to be and would continue as the Karta.
prabhakar singh
(Expert) 26 June 2013
Did Mr.Anirudh not know the law at the time
of his first response.
Any way even KARTA can be sued.When and when not and for what is another story.
The query is bald and without facts hence I preferred not to enter into such huge discussions.
