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S A R O K: Tatus ND OLE FA Arta

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STATUS AND ROLE OF A KARTA

PROJECT PROPOSED BY:

AMAN GUPTA

BBA LLB (Hons.)

Roll No. 1811

PROPOSED TO:

MRS. POOJA SRIVASTAVA

FEBRUARY, 2019

FOR FAMILY LAW II FOR THE DEGREE OF BBA LLB(HONS.)

CHANAKYA NATIONAL LAW UNIVERSITY


NYAYA NAGAR, MITHAPUR, PATNA-800001
INTRODUCTION
The head of the Hindu Joint Family also called the Karta or manager of the joint
family occupies a unique position unlike any other member of the family. The senior
most male member of the Hindu joint family is usually the Karta or head of the family.
Often Karta is called Manager of the joint family, this is when there exists a family
business or if it is a trading family, there has to be a manager to take care of the
proper functioning and supervision of the business. The Karta has innumerable rights and
powers. He can exercise these rights in any manner he thinks fit as long as it’s for the
greater good of the family. Along with such great power he has a number of
liabilities such as maintenance of family members and keeping proper accounts.

The position of the “Karta” of the Hindu common family has its roots in the “Patriarch” of
the old family units. The term “Karta” was defined in Suraj Bunsi Koer v. Sheo Persad,1 A
Karta in a Hindu Undivided Family holds the power regarding: Revenue and Expenditure
Authority, Power to manage a joint family business, Power to contract a debt for family
purpose, Power to enter into a contract, Power to refer to arbitration and many more. Karta
because of its position as a head of the family has certain duties and liabilities to perform
like: Maintenance, Marriage, Accounts at the time of Partition, The actual division of
ownership, and Representation.

This project seeks to analyse the position and power of the Karta and the extent of his duties
and rights with respect to legal position, income, properties, business, etc. and the role which
Karta plays in a Hindu Undivided Family.

1
1880 ILR 5 Cal 148.
OBJECTIVES OF THE STUDY

 To study in details the purview of a Karta as a whole and especially the role he plays
in a Hindu Undivided Family.
 To test the hypothesis whether Karta is a pivotal position of its institution and his
position is sui generis or not.

HYPOTHESIS

 Karta is a pivotal position of its institution and his position is sui generis.

RESEARCH METHODOLOGY

 The researcher would like to undertake the doctrinal method of research.

SOURCES OF DATA

 The researcher will make use of both the sources i.e., primary as well as secondary.

TENTATIVE CHAPTERISATION

 Karta: The Manager of Hindu Joint Family


 Status or Position of the Karta
 Powers of Karta
 Roles of Karta
 Case Study
 Conclusion
 Bibliography
LIMITATION

 There is a time limitation for the researcher to finish the research.


 The researcher is limited to his own self for the research.

BIBLIOGRAPHY.

 DR. POONAM PRADHAN SAXENA, FAMILY LAW II, 3RD EDITION, LEXIS
NEXIS.
 DR. PARAS DIWAN, FAMILY LAW, 10TH EDITION, ALLAHABAD LAW
AGENCY.
 http://shodhganga.inflibnet.ac.in/bitstream/10603/12832/8/08_introduction.pdf
 http://www.lawyersclubindia.com/articles/Protection-of-women-under-the-labour-
laws-6511.asp.

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