Karta’s Power Of Alienation In Hindu Law
Adithya Narayanan, SDM Law College, Karnataka State Law University.*
In the Hindu undivided family, the Karta possess a very distinctive position. This Sui Generes identity of Karta is with reference to the diversified powers which he holds with performing his functions as the stakeholder in numerous respects of the family functionality. The Karta is determined to be a person with administered dimensions but within this fringe profile, he holds an extremely important status of responsibility. The association that a Karta holds with other members of the family is not that of trustee or that of partner or principal. His special powers are “very wide and almost sovereign” and therefore, its collation to any partnership or a principal-agent correlation is natural. The Karta does stand in a depositary accord with the remaining members of the family but the relations cannot be designated as that of trusteeship. Even on the liability factor, he is not responsible to any member of the family until it is a matter of expropriation or fraud. Thus, this article describes about who is Karta? Who can be a Karta? And Karta’s power of alienation in detail. As it is important for every Karta of a Hindu joint family to recognise his powers and limitations in order to maintain his family and joint family property.
* Third year student pursuing BBA/LL.B. from Sri Dharmasthala Manjunatheshwara Law College, Karnataka State Law University.