Can a female become karta in huf?
NEELKANT
(Querist) 23 July 2014
This query is : Resolved
Sir,
Can a widow mother survived by two male child's, both major, become karta in huf?
Anirudh
(Expert) 24 July 2014
Normally, females are not coparceners and as such they were not permitted to be Karta.
However, with the HSA (Amendment) Act, 2005 where the daughters born in the family have been granted equal coparcenary status as a son in the family, in my view, there should not be any difficulty in a daughter in the family (at least till such time she gets married) being made a Karta. (However there is no clarify on this issue so far, nor is there any judicial pronouncement after 2005 amendment).
In the present query, the mother in any case cannot become the Karta as she is not a coparcener at all.
T. Kalaiselvan, Advocate
(Expert) 26 July 2014
In the first place, joint family and undivided family are synonymous terms.The expression " Hindu undivided family " must be construed in the sense, in which it is understood under the Hindu law. “A joint Hindu family consists of persons lineally descended from a common ancestor and includes their wives and unmarried daughters. The daughter, on marriage, ceases to be a member of her father's family and becomes a member of her husband's family.”
That the joint and undivided family is the normal condition of Hindu society. The presumption, therefore, is that the members of a Hindu family are living in a state of union, unless the contrary is established.
On the death of the father, his HUF can continued by his oldest child and he shall be the karta after the death of his father.
Guest
(Expert) 26 July 2014
As an audit assistant, what concern you have with the issue and that too without making description of any problem, if you really have.
