Institution of Karta
Who the Karta is, how the office arises, and its unusual legal position
Scope: The office and position of the Karta. His powers and duties are in the note on Powers and Functions of Karta.
In one minute
The Karta is the manager of a joint Hindu family. By default he is the senior-most coparcener. His office comes from law and family practice, not from a contract or an election.
His position is unique. He is not an agent, a partner or a trustee. Since 2005 a woman coparcener can also be Karta, as the Delhi High Court held in Sujata Sharma.
Exam focus
- Frequency: Occasionally asked
- Usually asked as: Both (long answer and short answer)
Legal provision
No Act creates or defines the Karta. The office is part of uncodified Mitakshara law.
- Section 6(1), Hindu Succession Act, 1956 (as amended in 2005): a daughter is a coparcener by birth, with the same rights and liabilities as a son. This is the basis for a woman to become Karta.
- Section 4: any old text or rule on a matter the Act covers stops having effect. The rule about the Karta is not covered, so it continues.
Meaning and definition
The Karta is the person who manages the joint family and its property. Mitakshara law does not require the family to appoint him. The office falls on the senior-most member of the coparcenary.
Detailed explanation
Step 1: how a person becomes Karta
The senior-most coparcener becomes Karta by right. A junior coparcener can act as Karta with the consent of the other coparceners. The family cannot remove a Karta at will, but a Karta who acts in bad faith can be restrained by a court.
Example. In a joint family in Karimnagar, the eldest brother Srinivas is the Karta. The younger brothers agree that the second brother Raju will run the family shop. Raju acts as manager with their consent.
Step 2: the Karta's special position
Courts describe the Karta's position as sui generis (of its own kind). He is not an agent, because he is not appointed by a principal. He is not a partner, because no contract binds him. He is not a trustee, because he has the same ownership as every other coparcener.
Step 3: no duty to keep accounts
A Karta need not keep formal accounts or explain every item of spending. He is trusted to manage the property for the family. A coparcener can demand accounts only if fraud or gross misconduct is alleged, or after partition.
Step 4: can a woman be Karta?
Traditionally only a male could be Karta, because only males were coparceners. After the 2005 amendment, daughters are coparceners by birth. In Sujata Sharma v. Manu Gupta the Delhi High Court held that the senior-most coparcener, a woman, may be Karta.
Don't confuse: Karta and an agent, partner or trustee
| Point | Karta | Agent, partner or trustee |
|---|---|---|
| Source of office | Law and seniority | Appointment, contract or trust deed |
| Ownership | Same as other coparceners | Differs from the principal or the beneficiary |
| Accounts | Not bound to keep them | Bound to account |
Inside the concept. Srinivas pays the family's land revenue and arranges his niece's wedding from joint funds. He acts as Karta without anyone appointing him.
Just outside it. A family hires an accountant to sell its crops. The accountant is an agent. He must account for every rupee.
Common mistakes
- Saying the Karta is an agent or trustee of the family.
- Writing that a Karta must always be the eldest son. The rule is seniority among coparceners, and women now qualify.
- Forgetting that a Karta need not give accounts without allegations of fraud.
Apply it
Problem
Kavya is the eldest coparcener of an HUF in Hyderabad, older than her two brothers. They say only a man can be Karta. Can Kavya manage the family business?
Issue
Can a woman coparcener be Karta?
Rule
The office goes to the senior-most coparcener. Section 6(1) makes daughters coparceners by birth.
Application
Kavya is a coparcener and the eldest. Nothing in the Act bars a woman coparcener from the office.
Conclusion
Kavya may act as Karta, following Sujata Sharma.
Leading case laws
- Sujata Sharma v. Manu Gupta
Facts. Sujata Sharma was the eldest-born coparcener of a Hindu undivided family. She sued for a declaration that she was its Karta.
Principle. The Delhi High Court held that after the 2005 amendment a daughter who is the senior-most coparcener can be Karta. The Division Bench affirmed this in 2023.
Why it matters. It is the leading authority that a woman can be Karta.
How to write this answer in the exam
5-mark answer
- Meaning of Karta.
- How he is chosen.
- His special position.
- Sujata Sharma on women.
10-mark answer
- Karta as the manager of the family.
- Seniority and consent of coparceners.
- Sui generis position, with the comparison table.
- No duty to keep accounts.
- Effect of the 2005 amendment.
- Sujata Sharma and its Division Bench appeal.
Key points to remember
- Karta is the manager of the joint Hindu family.
- By default the senior-most coparcener, or a junior with consent.
- His position is sui generis: not an agent, partner or trustee.
- He need not keep accounts without allegations of fraud.
- A woman coparcener can be Karta (Sujata Sharma).
Quick self-test
1. Who is the Karta by default?
The senior-most coparcener.
2. Is the Karta a trustee of the family?
No. His position is sui generis.
3. Which case held that a woman can be Karta?
Sujata Sharma v. Manu Gupta.