• Rights of karta

Good morning sir,

my father(karta)& mother. with four sons have ancestral agriculture property in Andhrapradesh. I am the elder son. 3rd son filed partition suit 2 years back. recently my father died instated. my mother and fourth unmarried son lives in fore fathers house, rest of three stay away on own jobs. after the death my father ( even when he was alive) 3rd son who filed the case, started abusing the workers, who work in our fields and tried to attack on my mother. now the situation is no one is ready to work in our fields, and say they can't bear that foul language used by him and will work only if the local police assure a protection. 3rd son refused to transfer of our tobacco barns(cost around 20 lakhs) and deposits in the bank to my name or my mothers name.  
As a kartha do i have legal rights to ask the concerned authorities, banks and tobacco board to transfer the properties in my name, if they reject what right i have to force them.
can i and my mother complain to police against the criminal activities he is doing , and request protection for my workers in the field.Is the rights of karta is enough to do so. and what if the police inspector fails to take action against him.
The 3rd son argues the he is safe guarding his rights till the partition suit finalized and let all the properties and field unused. can he do that, as i heard that karta, as a elder son I have all-rights to run the family with disturbing the name  and fame of the family.
Asked 1 year ago in Property Law from Ongole, Andhra Pradesh
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0