1) the SC in case of radhakrishna v/s kuluram AIR 1967 SC 574 has held that karta can enter into any transaction on behalf of family and it will ordinarily be binding upon all family members

2) as karta you can file suits to safeguard interests of family and its members

3) you can file criminal complaint against your brother of your brother and seek police protection

4) if police fail to do so move court in this regard

5) it is in interest of family to enter into compromise with your brother for benefit of the family

6) you can also refer disputes to arbitration

1) for transfer of licence consent of coparceners would be required

2) file police complain of criminal intimidation under secrion 506 of IPC as your brother is threatening workers

3) if no action taken file complaint before magistrate under sectoon156 (3) to direct police to investigate and submit report

4) since your father died intestate bank will insist on consent of all legal heirs to use funds lying in said account

1. The Karta is the manager of the property. He has to manage the properties in a manner which promotes productivity from the property. He does not have the right to transfer the properties in his favour to the exclusion of other heirs except if the other heirs consent to relinquish their share in his favour.

2. You and your mother can certainly file a FIR for criminal intimidation against your brother and seek protection for yourself and workers.

3. Unless the court has ordered cessation of work in the fields he cannot stop the workers from operating in the field.

1. The three scenarios in which the karta can alienate the property, and which you have read on the internet, do not apply to your case. Alienation cannot be carried out under the guise of management, more so during the pendency of the case.

2. If police does not grant protection then you may move the HC.

3. You and your mother require a Succession Certificate from the court to realize to the extent of your share the amount standing in his bank account.

Karta of an HUF has almost absolute management rights

He may manage the family affairs, family property and family business in manner as he may deem fit, no one can question his management. The only reasonable limitation that can be imposed on the karta is that he must act with prudence, and prudence implies caution as well as foresight and excludes hasty, reckless and arbitrary conduct. His role is crucial. He is entrusted not only with the management of land/assets of the family but also is entrusted to do the general welfare of the family.

Partition means bringing the joint status to an end. On partition, the family ceases to be a joint family. Under the Mitakshara law, partition means two things: -

(a) Severance of status /interest, and

(b) Actual division of property in accordance with the shares so specified, known as partition by metes and bounds.

After the severance of status has taken place, the karta is bound to render accounts of all expenditure and income in the same manner as a trustee or agent is bound to render accounts. This means that from the date of severance of status, the karta is bound to account for all mesne profits.

t is the natural consequence of the joint family system that the whole of the income of the joint family property, whosoever may collect them, a coparcener, agent or a servant, must be handled over to the karta .It is for the karta to allot funds to the members and look after their needs and requirements.

1) can I insists the tobacco board officials to transfer the barens licence in favour of me using the Rights of karta. they say all coparceners should give consent.

Being the eldest son, as per rules yo become the kart of the HUF properties, there fore you need not obtain consent from other coparceners.

2) how to approach police , can i ask police to give assurance for the workers. if they fail to give assurance should i go to higher and higher officials or to court to get immediate relief

Te workers themselves approach police if they fee hurt or being assaulted, even you can lodge a criminal complaint against his atrocious acts

3) my father has a bank account without nominee, can I (or my mother other brothers except 3rd) claim that

account, even if the 3rd one refuses.

All the legal heirs have to give their consent to this.