The Kalamkar

Important decision of Supreme Court, this family member can sell all the property without asking anyone

In the case of an undivided Hindu family, the Karta plays an important role. The Karta has full power to take decisions related to the family property. He does not even need to ask any other member or co-heir to take decisions. Let us know about it in detail.

power of atoney

Breaking News (New Delhi). The Supreme Court has recently given a major decision regarding the property of non-divided Hindu family or joint family. 

The top court has said that if the 'Karta' of that family wishes, he can sell or mortgage the joint property. For this he does not even need to take permission from any member of the family. The court has said that even if the shareholder is a minor, the Karta can take decisions regarding the property without taking permission.

The question must be coming in your mind that who is this actor, to whom the court has given so many rights in the case of Hindu Un-divided Family. 

In an undivided Hindu family, this right is acquired by birth. The senior most male in the family is the doer. If the eldest male dies, then the one who is senior after him automatically becomes the Karta. However, in some cases it is declared by Will.

The existing Karta has special rights

As we said, in some cases it is no longer a birth right. This happens when the current Karta automatically nominates someone else for the post of Karta. He can do this in his will. 

Apart from this, if the family wishes, it can unanimously declare one person as the doer. Many times the court also appoints the Karta on the basis of some Hindu law. However, such cases are very rare.

what was the matter

The Madras High Court had already given its verdict on the matter that came before the court on 31 July 2023. This case was of 1996. The petitioner claimed that a property was mortgaged by his father which was a joint family property. However, the petitioner also stated that his father was the breadwinner of the family. 

On this, the Madras High Court had also ruled that the Karta can take decisions regarding the property and there is no need to ask anyone for this. The Supreme Court also refused to go against the decision of the Madras High Court in this matter.

When can it happen?

The court said that in case of mortgage of any property by such a person, the coparcener (common heir/co-heir) can make a claim only if something illegal has happened. 

The court said that nothing like this is visible in the present case. Let us tell you that there are two parts of the family. First member, every person in the family is included in this. 

Father, son, sister, mother etc. At the same time, only male members are counted in Coopersiner. Like great grandfather, grandfather, father and son.