A Karta is considered to be the head of the family, in a Joint Hindu Family system. The Karta is required to maintain the family and take all the necessary decisions that maybe required. According to the rules of the traditional Mitakshara system, only the elder most male member, was considered to be the Karta of the family, however after the enactment of The Hindu Succession Act, amendments were made, and accordingly, females were allowed to hold the position of Karta as well. However, the role of a female Karta is not clear, and there are still some ambiguities as to the powers and responsibilities that they are required to comply with.
The general powers of a Karta are-
The main power that a Karta holds in a Joint Hindu Family, allows him to manage the family affairs. This implies that the Karta can take all the necessary decisions concerning the family and its members, such as the education of children, their marriage, financial position of the family, the family property etc,. This power exercised by the Karta is absolute and therefore cannot be challenged by the family members.
2. Power of representation-
The Karta has the power to represent the family, in all concerned matters where decisions needs to be taken on behalf of the entire family as a whole. This implies that the Karta acts as an agent for the family, and thus, the family and its members as a whole, become liable for any default on part of the Karta.
3. Power to receive and spend family income-
All the incomes that the family receives through its business or any other incomes or profits which any member of the family receives, through such business, becomes family income and therefore being the head of the family, the Karta has the right to spend it, as and when required for any project or for the purpose of the maintenance of the family. Such income, cannot be spent by the Karta for personal use, but for the purpose of family spending as a whole.
4. Powers of alienation-
The power of alienation, unlike the other powers is a limited power. This power is given only to the Karta, wherein he can alienate the property, but only if it the reason for such alienation is reasonable and he is left with no choice. Such reason or reasons of alienation should be in relation to the family i.e. they should be taken only for the purpose of the overall welfare of the family and not due to the personal reasons.
5. Power to acknowledge and contract debts-
Since the Karta has the right to repent his family, in different matters, therefore he can also contract any form of debt or loan etc., provided that such loans or debt has been contracted for the purpose of family maintenance or welfare, and in case of default, the entire family shall be held liable as a whole.
