Siddharth (Director) 20 May 2010
My Grandfather had a HUF of which my father has become a Karta after his death. The only other co-parcenor is my Uncle or the younger brother of my father.
My father does not wish to continue as the Karta of the HUF and wishes to nominate/appoint his younger brother as the Karta of the HUF due to his health reasons.
Is it possible for him to transfer the Karta-ship to my uncle? What are the provisions or reasons under the Law under which the Kartaship can be transferred?
Darshan Panchal (Advocate) 20 May 2010
Question of representating HUF arises only when property of HUF is transferred or when the interests of minors in the family are to be conveyed and Karta of HUF for the benefit of estate of HUF or legal necessity can sell off the property in the interest of HUF. There are as such no provisions to nominate someone as karta of the family. Its just that eldest person in the family acts as a Karta. In ur case suppose the HUF property is partitioned then ur uncle and ur father will be Kartas of their respective HUF. As per new amedment even women can be now Karta of HUF.
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