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Ankur Singhal (Chartered Accountant)     15 February 2017

Whether widow can be a kart in huf

After various amendment in Hindu Succession Act, 2005 related to rights of woment, whether widow can be a karta in HUF after death of husband. There are 2 male sons. But as given in amendment hindu succession act, wife is also treated as co-parcener. So being the top senior person, can a widow be a Karta in HUF.


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 4 Replies

Jai Karan Nagwan (consultant)     15 February 2017

A female member can not become Karta.  Amendment of 2005 was restricted to inclusion of daughter as copacener and nothig else. however Law do not prohibit specifically.

Kumar Doab (FIN)     15 February 2017

Wife is not co-parcener.

So Widow can be a Manager (denoting a role distinct from that of a karta) of a joint family.

 

Kumar Doab (FIN)     15 February 2017

Probably the matter in original query (1st post in this thread) got mixed up.

Kumar Doab (FIN)     15 February 2017

As per the Hindu Succession ( amendment )Act 2005, that Female Member of joint Hindu

family, having acquired the status of a coparcener from her paternal ancestors as the

status of HUF property even after her marriage and thus she can therefore, form

HUF from the ancestral property with her children being coparceners of this HUF.

Coparcener is a person who enjoys interest in the family property by birth. The coparcener

enjoys right to enforce partition.

Thus the position is clear in case of daughters.


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