The joint family consists male, his wife and unmarried daughter and his male descendants, their wives and unmarried daughters. It is patriarchal in character. Inside Hindu joint family, there is coparcenary. The Coparcener are the owners of the joint family property and Coparcener have the right of partition in that property.
Who is Coparcener?
Only male members are the members of the coparcenary. Coparcenary consists of the common ancestor and three degrees of male lineal descendants. If uppermost ancestor dies one more degree is added and so on. the relationship among Coparceners maybe father and son etc. or brothers or uncle or grandfather and the like.
Example -
If F dies S4 is added so on. To begin with, the coparcenary father and son relationship is necessary and for its continuation father's presence is not necessary.
If S1, S2 die in the middle the line is not extended. If S1, S2 die during the lifetime of F, the coparcenary consists of only F and S3 and if S3 dies F becomes sole surviving coparcener. Here S1, S2 and S3 are denoted by degrees and all the persons within degree are considered coparceners. A Coparcenary is open to only certain members of the joint family. It is Limited to four degrees only.
Who is Karta?
The joint family is a Patriarchal organization. The Seniormost male ascendant is the head of the joint family is called the Karta. He represents the family and acts on its behalf. In a family consisting of the father and his children, the father is Karta. When he dies his eldest son becomes Karta. Thus in a joint family consisting of brothers and eldest brother is the Karta. It is open to the senior members to give up his right of Management. Then the junior to him can become the Carter. A woman cannot be a Corpus in R and so cannot be a copy of the family.
Can a Female be a Coparcener and Karta?
Only Copercenar can be a Karta. Under old Hindu Law, a Woman was not Coparcener so she could not be a Karta. (Ram Avadh v. Kedarnath. AIR 1976 All. 283) [Following commissioner of I.T. Vs. GS Mills, AIR 1966 SC.24] A Woman cannot be a Coparcener and hence, She cannot become the Manager / Karta of the Hindu Joint Family.
Gangoji Rao Vs Channappa AIR 1983 Kant.222
Who is Coparcener?
Only male members are the members of the coparcenary. Coparcenary consists of the common ancestor and three degrees of male lineal descendants. If uppermost ancestor dies one more degree is added and so on. the relationship among Coparceners maybe father and son etc. or brothers or uncle or grandfather and the like.
Example -
If F dies S4 is added so on. To begin with, the coparcenary father and son relationship is necessary and for its continuation father's presence is not necessary.
F ------>>>> S1 ------>>> S2 ------>>> S3 ------->>> S4
If S1, S2 die in the middle the line is not extended. If S1, S2 die during the lifetime of F, the coparcenary consists of only F and S3 and if S3 dies F becomes sole surviving coparcener. Here S1, S2 and S3 are denoted by degrees and all the persons within degree are considered coparceners. A Coparcenary is open to only certain members of the joint family. It is Limited to four degrees only.
Who is Karta?
The joint family is a Patriarchal organization. The Seniormost male ascendant is the head of the joint family is called the Karta. He represents the family and acts on its behalf. In a family consisting of the father and his children, the father is Karta. When he dies his eldest son becomes Karta. Thus in a joint family consisting of brothers and eldest brother is the Karta. It is open to the senior members to give up his right of Management. Then the junior to him can become the Carter. A woman cannot be a Corpus in R and so cannot be a copy of the family.
Can a Female be a Coparcener and Karta?
Only Copercenar can be a Karta. Under old Hindu Law, a Woman was not Coparcener so she could not be a Karta. (Ram Avadh v. Kedarnath. AIR 1976 All. 283) [Following commissioner of I.T. Vs. GS Mills, AIR 1966 SC.24] A Woman cannot be a Coparcener and hence, She cannot become the Manager / Karta of the Hindu Joint Family.
Relevant Case Law -
Gangoji Rao Vs Channappa AIR 1983 Kant.222
In this Case, A, a father has a wife and 2 minor sons. A died leaving behind his undivided interest in the joint family property. the widow alienated the property. The alienation was challenged by the sons on the ground that a woman cannot be a Karta and hence cannot alienate the property. The widow justified the alienation, contending that it was made by necessity. it was held that the alienation by the widow/mother in such situation is valid. but on appeal, the Supreme Court admitted the contention of Sons and held that women cannot be a coparcener and Karta, Following commissioner of I.T. Vs. GS Mills, AIR 1966 SC.24.
(h)
ReplyDeleteHi everyone, I am Sharon. from Poland I want to use this medium to appreciate Dr Ogbeifun the great black magic death spells caster for the successful death spells he cast on someone for me. I contacted him when my husband left me for another woman who uses witchcraft power to take my husband. I was desperately in need of help when I found his contacts online about his genuine powers. I told him my situation and how I wanted the bitch who took my husband gone. He told me not to worry. He cast the death spells ritual on her and the bitch died in her sleep within 24hours. Now my husband is back home and we are living happily. Thank you so much Dr Ogbeifun, You are so real and true. Below is his contacts in case you want to contacts him
ReplyDeleteCall/WhatsApp: +2348102574680 Email: ogbefunhearlingtemple@gmail.com
Secondary and senior secondary school examinations The board conducts examinations twice a year. The Uttarakhand Board 12th Question Paper 2022 notification is given by the board in the months of December/January. A large number of schools are linked with the UK board. For the academic year 2022, look over the Uttarakhand Board 12th Question Paper. To construct the ideal study strategy, UBSE 12th Question Paper 2022 get the UK Board Intermediate Question Paper. Also, according to the official site, follow simple methods to download Uttarakhand 12th Board Question Paper 2022. For guidance, see the modules below to learn about the latest UK Board 12th Class Question Paper and Timing.
ReplyDelete