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Karta of huf

(Querist) 18 April 2013 This query is : Resolved 
two brothers have made HUF on thr father's name n from day one younger brother was a Karta, thre was no agreement or nothing just oral mutual understanding cos property was bought in Mumbai on the name of HUF while elder brother was in calcutta younger has signed as a karta of HUF (in mumbai property and there is no other HUF property apart from this where yournger brother has signed) with mutual oral understanding now karta (younger brother) has expired so who will be a karta ? elder brother of Karta (karta who has expired) or son of karta ( karta who has expired) ?
R.K Nanda (Expert) 18 April 2013
elder brother of deceased karta.
Raj Kumar Makkad (Expert) 18 April 2013
Karta is not by inheritance so elder brother shall be now Karta if the HUF has still to run.
basavaraj shiromani (Expert) 19 April 2013
I am of the opinion that Shri: Rajkumar Makkad has given the good answer for your question. But your question regarding Karta of the family, first of all you have to expose that what problem you are facing ? who is to act as a karta of the family is a matter of settlement between the family and if the dispute arises, you have to think about the word karta in the family. Therefore my advise is that you please find actual what is the difficulty in your family first.


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