Sage-Tips

Can a female member become a Karta of HUF?

Thus, it is suggested that there should be an immediate directive to all the authorities/institutions in India to recognize a female as Karta of HUF, whether she inherits property from a male or a female ancestor. In such HUF husband and children should also be allowed to be members/coparceners of the Wife’s HUF.

Can female member be Karta?

This amendment has conferred equal property rights on daughters as well. Now the daughters by birth will acquire rights over coparcenary property. Earlier women were not included as coparcenary members, and according to the Hindu sages only a coparcener can become a karta, and therefore they could not be the Karta.

Can a wife be Karta?

While the Hindu Succession Amendment Act, 2005 gave daughters equal rights in property, a recent Delhi High Court ruling has done away with the gender discrimination that existed as the Hindu Succession Act was clear on whether a woman can be karta.

Can married daughter be Karta of HUF?

Yes, a married daughter is considered a part of HUF. Prior to 2005 amendment in the Hindu Succession Act, 1956, the daughter, on her marriage, ceases to be a member of her father’s HUF and becomes a member of her husband’s HUF.

Who Cannot be a Karta?

An aged patriarch with failing physical health will continue to be the Karta of the HUF till his death. In case of the demise of the Karta of an HUF, the eldest surviving coparcener in the family automatically becomes the Karta.

Can sister be a member of HUF?

Wife and daughter in law are only members. They can not claim partition of HUF by their own. execute a registered partition deed all coparceners consent required. . See sisters have equal share in the property, if mother is there then you all children and mother have equal share.

Can wife become Karta of HUF after death of husband?

2) A widow , cannot act as karta of the HUF after the death of her husband. 3) A wife of a coparcener or karta is only a member (who has limited rights and no ownership of the underlying property at birth), and does not qualify to become a coparcener. Mother will be the Karta since she is the eldest member of the HUF.

Who can be a Karta?

Article 236 of the Mulla Hindu Law defines “Karta” as follows: Manager – Property belonging to a joint family is ordinarily managed by the father or other senior member for the time being of the family: The Manager of a joint family is called Karta.

Who can become Karta in HUF?

Can a female be Karta in Hindu joint family?

As your mother would only be a member of the HUF and she would not qualify as a coparcener, she can’t become the karta. The court held that the Hindu Succession (Amendment) Act, 2005 which placed female coparceners on equal footing with male coparceners also extends to the position in relation to a karta of an HUF.

Is wife a member of HUF?

The HUF is led by a member known as the karta, who is usually the eldest male member of the family. However, each coparcener is entitled to receive a share in the income from the assets or properties an HUF holds.

What if Karta of HUF dies?

One the death of a karta, the next senior most member automatically becomes the new karta of the HUF but at times, statutory authorities may require a declaration from the members forming part of the HUF declaring the eldest coparcener as the new karta of the HUF.

Can a female be a Karta of a Hindu Undivided Family (HUF)?

The Delhi high court while hearing a case pronounced that “If a male member of a Hindu Undivided Family (HUF), by virtue of his being the first-born eldest, can be a Karta, so can a female member. The court finds no restriction in law preventing the eldest female co-parcenor of an HUF, from being its Karta.

Who can become the Karta of a HUF?

Earlier, in his absence the next eldest male member after him is entitled to be the Karta, however with Delhi High Court’s decision, an eldest female member can become the Karta. This judgement is in line with ending gender discrimination and prevalent gender bias prevelant in traditional families. Who can become Karta of a HUF?

Can a woman be the Karta of a family?

While delivering its judgment in Sujata Sharma versus Manu Gupta and others case, the Delhi High Court (HC) has ruled that a woman can be the Karta of a family in her capacity as a coparcener, if she is the eldest member of the family.

Can wife become Karta of HUF after husband dies?

It means they cannot become Karta as only coparceners are eligible to be Karta of HUF, but will get husband’s share in an estate after his death. However, wife can be the guardian of minors in HUF after husband’s death until the eldest child becomes a major. Under Hindu law, there can be a HUF within a HUF.