POWERS OF KARTA( Head/Manager of joint Hindu Family)

1. Powers of Management: he may manage family affairs and business in the way he likes to do so.he may discriminate between the members of the family or to whom he may give some property and to one who does not get any share.

2. Power to compromise:  The karta has a power to compromise in any dispute relating to family property or their management.he may also compromise a suit pending in the court and it is binding on all members of the family. He can also compromise on family debts and other transactions.

3. Power to refer a dispute to arbitration: he may refer any dispute to arbitration and the decision would be binding on all members of joint Hindu family.

4. Power to enter into any contract.

5. Power to acknowledge the debt on the behalf of his family members.

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RIGHTS OF COPARCENER (Hindu succession)

The following are the rights of a coparcener:

1. He gets a right in ancestral property by birth.
2. Right to survivorship-if one coparcener dies the property gets divided among the rest.
3. Joint possession and ownership of property.
4. Right to claim for partition of property.
5. Right to become KARTA( head of family who takes all the decisions).
6. Right to acquire a separate property.
7. Right to alienate i.e. to give away his own property to any stranger.

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COPARCENARY: MITAKSHARA vs DAYABHAGA

The following are the features:

1. How long has the Coparcenary arise:
 DAYABHAGA - no right by birth as on Coparcenary.After the death of Father, his sons constitute a Coparcenary.
MITAKSHARA- Right by birth.

2. Nature of interest:
 DAYABHAGA- there is a defined interest. it does not pass by survivorship.
MITAKSHARA- Coparcener share is not defined.it fluctuate by birth and death of coparcener.

3. Expansion of Coparcenary:
DAYABHAGA- On the death of one of his heirs becomes coparceners.
MITAKSHARA- only males can be coparceners.

4. Alienee's right to ask for partition:
DAYABHAGA- any equity is held for an Alienee for a suit of partition. Can ask for a joint possession with coparcener.
MITAKSHARA- there is no definite share for an Alienee,  but he may file a suit for the partition. hence suit is the only appropriate remedy.

5. Persons entitled to partition:
DAYABHAGA- The law does not confer on SON a right of birth hence he has no right for partition against the Father.
MITAKSHARA- SONS can institute a suit of partition even against the Father.

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AGNATES and COGNATES

AGNATES:
Relations whose chain of relationship to the propositus can be traced uninterruptedly through males.
in other words:
Agnates is a relation, who is related to the deceased wholly through MALES.
For Example: son, Son's son, Son's son's son, son's daughter, father's mother.
there must be a male in the start of each line of relation. Hence, it will be held as Agnates.

COGNATES:
The relations in which , when a person is related with the deceased through one or more female link, the relation is said to be as COGNATES.
For Example: daughter's son, sister's son, sister's daughter.

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DEPENDENTS OF THE DECEASED HINDU MALE

THE FOLLOWING ARE THE DEPENDENTS OF A MALE (DECEASED):

1. HIS FATHER
2. HIS MOTHER
3. HIS WIDOW(till she does not re-marry)
4. HIS SON
5. SON OF A PRE-DECEASED SON
6. SON OF A PRE-DECEASED SON OF A PRE DECEASED SON
7. HIS UNMARRIED DAUGHTER
8.UNMARRIED DAUGHTER OF HIS PRE DECEASED SON
9. UNMARRIED DAUGHTER OF A PRE DECEASED SON OF A PRE DECEASED SON.
10. HIS WIDOWED DAUGHTER if:

•  she is unable to obtain maintenance from her husband
• from her son or daughter
• from her father in law.

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CLASS 2 heirs of a DECEASED HINDU- MALE

CLASS 2 heirs comes into picture when there is no PERSON available as a heir from CLASS 1.

Being CLASS 1 heirs already discussed, here is a CHART of the MEMBERS of the family who belong to CLASS 2 of the heirs of a Hindu deceased MALE

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CLASS 1 OUT OF 5 OF HINDU JOINT FAMILY SYSTEM INTESTATE SUCCESSION

CLASS 1 HEIRS HAVE THE FIRST RIGHT TO THE DECEASED PROPERTY. 

for understanding this chart, consider a male who has been deceased and he has not made any will for distribution of his property among his family.

in these kinds of cases, the property whether it is movable of immovable is divided among 5 classes of heirs.

the following are the 5 classes:

CLASS 1

CLASS 2

AGNATES

COGNATES

GOVERNMENT

THE CHART EXPLAINS THE MEMBERS OF THE FAMILY TO WHOM THE PROPERTY WILL SUCCEED.

SUPPOSE (ABC) IS A MALE WHO HAS DIED WITHOUT MAKING A WILL, HENCE HIS PROPERTY WILL FIRST BE DIVIDED INTO THE FOLLOWING PERSONS:

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