- INTRODUCTION
The joint family system is said to be a unique concept under Hindu Law. The Hindu Joint Family is a social institution, whose members own properties and businesses etc., in its name. All the members of a Hindu Joint Family have their own rights, and obligations towards each other. As a social and societal unit, such families should have a member who is capable to represent them in all matters, and should be competent to bind all the family members with the decisions taken by them, regarding the family and its property. In Ancient times, the families were headed by the seniormost male member of the family, who was also known as the ‘Patriarch’. The Patriarch had absolute control over the lives of the family members and the family property. His decision was final, and the members had no choice but to obey all the orders and rules propounded by him. Currently, under Hindu Law, the Patriarch, that is the seniormost male member of the family, has been replaced with the term ‘Karta’. Even though the basic framework still stays the same, the powers of the head of the family has been diluted, and the responsibilities have been increased. (Family Law Lectures – Family Law II, 2011, p. 143)
It has been held in Suraj Bunsi Koer v. SheoPersad[1] that the father, and in his absence, the seniormost male member of a Hindu Joint Family is presumed to be the Karta. It is the general presumption that as long as the Karta is alive, no other member of the Hindu Joint Family can take over as Karta. The concept of ‘Karta’ has evolved so much that, right now, in the 21st century, even Women who are coparceners of the Hindu Joint Family can become the Karta, given that they’re the eldest member of the family.
The crucial issue in the case of Rasananda Sahoo v. Prafulla Kumar Sahu and Ors. was: Whether an elder brother in the Hindu Joint Family can become and act as the Karta, during the lifetime of his father?
The Orissa High Court ruled that the generosity shown by the elder brother cannot lead to the conclusion that he was Karta during the lifetime of his father. The court further went on to say that two members of the Hindu Joint Family can look after the property, but can be represented by only one Karta. Hence, there is no scope for two Kartas.
[1] (1880) ILR 5 Cal 148