FAMILY LAW-II QUESTIONS AND ANSWERS 1

Question: Explain the powers of Karta in a joint Hindu Family? Whether

he can mortgage the undivided shares of other coparceners in the
property.

Answer : INTRODUCTION:- The position of karta n a joint hindu family

is unique. He is that person who takes care of the whole family and its
property and admininsters it and all the members of family remained
disciplined under him. It has been said regarding the position of karta that
no one else is equivalent to him in the family. The position and powers of
the karta are more wide than anyone

POWERS OF THE KARTA

1. He has the complete control over the family.

2. No one can claim accounts from him nor can say to him to spend less.

3. There is no binding over him that how much he shall spend over any
coparcener.

4. It is within his power to whom he may educate and whom he keeps

illiterate.

But this does not mean that he is dictator. His position is extremely
sensitive. He has to move along-with all the members. Thus the position of
the karta is mixture of rights and duties. He has to maintain the control
between rights and duties.

WHO CAN BE A KARTA

1. Hindu Law believes that the seniormost coparcener is the Karta of the
family. Refer case of Ram v/s Khera -1971.

2. Any coparcener becomes Karta of family because of his seniority not

because of anyone appointed him. Refer a case to this effect Mann V/s
FAMILY LAW-II QUESTIONS AND ANSWERS 2

Jayani-1918 it was held that such a person till he lives continues as the
karta of the family although he may be aged, handicapped, week or ill.

3. However any karata becomes unsound mind then the seniormost

coparcener would become the karta.

WHETHER A JUNIOR MOST COPARCENAR BECOMES

KARTA.

1. Generally it does not happen but in a case of Narendera Kumar V/s

Intcome Tax Commissioner-1976, it was held t hat a junior coparcener can
be the karta with the consent or agreement of all the coparceners.

In another case of Harihar Sethi V/s Ladu Kishore Sethi -2002, it was held
by the Orisa High Court that junior coparcenar can be the karta when the
senior most coparcener waives his right of karta then a junior member can
become Karta.

Whether mother can become the Karta.

In case of Pandurang V/s Pandurang -1947 it was held by the Nagpur High
Court that the mother can become Karta if their is no other adult
coparcener here the Supreme Court does not agree to this view in case of
Commissioner of Incometax Vs Seth Govind Ram -1986.

The Karta of Joint Hindu Family at a time can only one not more, but with
the consent of other coparcener there can be more than one Karta: refer a
case of Mudrit vs Ranglal 1902 and Shankar v/s Shankar 1943.

THE RIGHTS OF KARTA

1. Right of managemnt: He has the right to manage all the duties trade,
business industry etc., no one can challenge him.
FAMILY LAW-II QUESTIONS AND ANSWERS 3

2. Right over Income :- The income of the family remains under his
control. He may spend as per the requirements.

3. Right of Representation : He can represent the family in all types of

social,religious, legal and matrimonial matters. The decision of karta is
binding over all. He can file suit. Refer a case in this regard: Fatimanisa v/s
Raj Gopalacharya -1977.

4. Right to debt. : He can any debt for the requirement of the family. Such
debts shall be taken for legal requirements of the family. The karta can
mortgage or pledge the property of family for this purpose.

5. Right of settlement:- Karta has the right to make an honest settlement on

behalf of family.If any settlement is made not in good faith it can be
challenged refer a case of Nayathambi v/s Vijay-1972.

6. Right of arbitration :- He has right to solve the disputes of family

through arbitration see a case of Jangan Nath v/s Mannu Lal 1894 of
Allahabad.

7. Right of Acknowledgement: Karta has the right to acknowledge the

debts and making payment of interest but he cannot acknowledge the
time-barred debts.

8. Right of Alienation :- He has the right to alienate the property of family

and take debt for the family with the following conditions :-

i) For the benefit of the family.

ii) For the fulfilment of the legal necessaties.

Refer a case in this regard Devi Kishan v/s Ram Kishan -2002 It was held
by the Rajasthan High Court that the karta can Mortgage the property of
FAMILY LAW-II QUESTIONS AND ANSWERS 4

joint family for legal necessities, but the following may not be legal
necessaities :-

i) Debt for child marriage violating child marriage prohibition Act.

ii) Debt over property already mortgaged.

Question : Describe the rules of succession in the case of intestate Hindu

female dying intestate?

OR

Explain the various rules regarding the distribution of the property of

Hindu female dying intestate.

Answer : INTRODUCTION :- Section 14 of the Hindu succession Act

1956 had brought drastic change in concept of property of a female. Now a
female being considered to be complete owner of his property provided
that at the time of implementation of this act:-

1. She is Hindu.

2. She is living

3. The property is in her possession. As regard to question of possession is

concerned the cases of Mangal Singh v/s Smt Ratnu-1967 and Monomayi
v/s Upeshwari-1994, it was held that such possession may be actual or
constructive.

SUCCESSION OF PROPERTY OF FEMALE

Section 15 of the Act provides for the succession of Hindu female dying
intestate. Section 15(1) distributes the heirs of deceased Hindu female in
the following five classes :-
FAMILY LAW-II QUESTIONS AND ANSWERS 5

a) Sons and daughters ( which includes the children of predeceased son or

daughter) and husband.

b) The heirs of husband.

c) Father and mother.

d) Heirs of Father.

e) Heirs of Mother.

It is pertinent to mention here that son and daughter includes illegitimate

sons and daughters refer a case of R.A.Patil v/s AB redekar – 1969.
Similarly it includes adopted sons and daughters but does not include
step-sons and step-daughters a case may refer in this context Gurbachan
v/s Khechar Singh-1971.

When a Hindu female dying intestate does not have any heirs then her
property shall devolve with the State refer a case of Punjab v/s Balwant
Singh 1991.

However the property of female can be divided into three categories in

respect of succession:-

1. Property obtained in succession from father or mother.

2. Property obtained in succession from husband as father in law.

3. Other property.

SUCCESSION OF PROPERTY OBTAINED FROM PARENTS

Section 15(2) says that if any female had received property in succession
from her father or mother then such property shall devolve firstly within
her sons and daughter, and if the sons and daughters does not exists then it
FAMILY LAW-II QUESTIONS AND ANSWERS 6

shall devolve among the heirs of father. Refer a case of Mahadevappa v/s
Goraaamma-1973

And another case of Bhagat Ram v/s Teja Singh-1999, the Supreme Court
held that if any female receive property in succession from her mother then
such property shall after her death go to her sister but not to the heirs of her
husband.

A very good example in this content a case of Taramani v/s Narender

Kumar -2002, the court held that, at the time implementation of the act the
unmarried daughter became the absolute owner of the property. Therefore
after her death the property shall not devolve among the brothers of father,
rather shall devolve to the married sister.

SUCCESSION OF PROPERTY OBTAINED FROM HUSBAND AND

FATHER IN LAW.

Section 15(2) (B) of the act provide that if any female receives property in
succession from her husband or father-in-law then such property shall
firstly devolve among her sons and daughters and in case of non-existence
of her sons and daughters it shall devolve among the heirs of husband.

SUCCESSION OF OTHR PROPERTY

Excluding the property received in succession from parents and husband or

father-in-law all other properties shall devolve according to the mentioned
heirs of section 15(1). The general rule of preference is that prior class
shall have preference over the subsequent class.

ILLUSTRATION :- The property received in succession from brother gifts

at time of marriage other gifts etc shall dissolve under this category.

METHOD OF DISTRIBUTION
FAMILY LAW-II QUESTIONS AND ANSWERS 7

Section 16 of the act mentions the method of distribution of property

among the heirs of Hindu female dying intestate. According to it, the
following method could be expressed in simpler words in the following
way :-

1.Son daughter and husband each shall receive one share.

2.Sons and daughters of predeceased sons and predeceased daughters

shall receive that share which the predeceased would have receive if alive.

3.The heirs of the branches of predeceased son or predeceased daughter

shall receive share equally among themselves.

********************

Q- Who are coparceners and what are there rights. Whether a daughter who
wants to remain unmarried can claim partition in the coparcenary
property?

Ans:- Introduction:- In Hindu Law joint Hindu family and coparcenay are
two different subject. Joint Hindu family is a wide concept. Whereas
coparcenary is limited. Joint Hindu Family is created by successors, of one
ancestor their mother, wives, unmarried daughter etc. Whereas
coparcenary is created by father, son, Grandson, grandson’s son. Thus the
following persons are coparcener:-

i. Father

ii. Son

iii. Grand Son

iv. Grandson’s son.

FAMILY LAW-II QUESTIONS AND ANSWERS 8

After the amendment of Hindu Succession Act, 2005 it is now

considered that daughter as coparceners and they shall have the right in
coparcenay property by birth. Coparcenary may exists even with
Grandfather, grandson or grandfather’s father and grandson’s son.

In a case Dashrath Rao v/s Ram Chandra Rao, 1961, the Court held that the
last member of coparcener should not be more than 4 degree away form the
ancestor.

B (Son) C (Son)

M (Grandson) N (Grandson) P (Grandson) Q (Grandson) R

(Grandson)

X (Grandson’s son) Y (Grandson’s son)

Right of Coparcenars:- The Coparcenars following rights:-

a. Coparcenars have right by birth in the property of coparcenay.

b. Coparcenars can demand partition of the coparcenary property.

c. Coparcenars have joint ownership and possession over the coparcenary

property.

d. No coparcener can transfer the coparcenary property.

e. Coparcenar is entitled to maintenance from the coparcenary property.

f. The right of coparcener is base on survivorship, not on succession.

g. Coparcenar has the right to see accounts of the property form the Karta.

Right of unmarried Daughter:- Whether any woman who decides to live

unmarried can claim partition of coparcnary property?
FAMILY LAW-II QUESTIONS AND ANSWERS 9

No woman can be the member of coparcenary but she can be a member of

joint family in such situation it is clear that

a. any woman does not have right by birth in the property.

b. no woman can claim the partition of such property.

c. unmarried daughter entitled to maintenance form the joint family

property.

d. the expenses of unmarried daughter is also charged on the property of

joint property.