Huf can run after deth father and mother
Samir Kothari
(Querist) 16 May 2020
This query is : Resolved
Father huf can run after deth father and mothers ,I have only son and to married sister
Guest
(Expert) 16 May 2020
A Coparcener can become Karta of a Hindu Undivided Family. By Virtue of Hindu Succession Act (Amended ) 2005 Daughters also become coparcener and would have interest by birth in coparcener property similar to sons.Daughters of HUF are governed by Mitakshara Law and become coparceners. You could continue with your father's HUF and become Karta. of the HUF.
Guest
(Expert) 16 May 2020
Coparcener -- Meaning --A person who shares equally with others in the inheritance of property and assets.
Raj Kumar Makkad
(Expert) 16 May 2020
Yes. You can become Karta of HUF after demise of your parents in the given situation.
Rajendra K Goyal
(Expert) 16 May 2020
If father is Karta, after him son can become Karta of the HUF.
Rajendra K Goyal
(Expert) 18 May 2020
Expert Dr. J.C. Vashishta ji, thanks for agreeing.
T. Kalaiselvan, Advocate
(Expert) 19 May 2020
When Karta of the HUF dies, the next senior male member takes over as Karta. If the senior most member gives up his right, a junior coparcener can become Karta of the HUF, with the consent of all other major co-parceners as held by Supreme Court in Narendra Kumar J. Modi Vs CIT (1976) 105 ITR 109 (SC).
Rajendra K Goyal
(Expert) 20 May 2020
After the 2005 amendment to Hindu Succession Act, 1956, Delhi High Court in the case Mrs. Sujata Sharma v Shri Manu Gupta has held that while females have equal rights to HUF property (post HSA), they also have the right to manage the same property as Karta. Also, the court found no restrictions regarding a female Karta in Section 6, HSA.
Raj Kumar Makkad
(Expert) 20 May 2020
Thanks Mr. Goyal adding value to the query.
