The Kartha — Powers Limited to Three Grounds — KSLU Family Law 1 Notes
The Kartha — Powers Limited to Three Grounds
Hunoomanpersaud Panday (1856) — the foundational ruling on a Kartha’s power to bind the joint family by alienating its property.
A Kartha may alienate coparcenary property only for:
| Ground | What it means |
|---|---|
| Legal necessity | Genuine family needs — debts, litigation expenses, maintenance, taxes |
| Benefit of the estate | A transaction that improves or protects the family’s property/income |
| Religious/charitable purposes | Funeral rites, religious ceremonies of a pious or obligatory nature |
A coparcener who is dissatisfied can demand partition at any time and can restrain an improper alienation by the Kartha — but a sale genuinely falling within these three grounds binds the whole family and gives the purchaser good title. Note also: a Kartha need not be the eldest male in an absolute sense — the law recognises that, in a fit case, even a mother may act as Kartha for the limited purpose of representing minor coparceners (a point increasingly tested after Vineeta Sharma widened who counts as a coparcener).