As your mother would only be a member of the HUF and she would not qualify as a coparcener, she can’t become the karta. … The court held that the Hindu Succession (Amendment) Act, 2005 which placed female coparceners on equal footing with male coparceners also extends to the position in relation to a karta of an HUF.
Who can be a Karta of the Hindu Joint Family?
In a family consisting of the father and his children, father is the Karta when he dies his eldest son becomes the Karta. Thus in a joint family consisting of brothers the eldest brother is the Karta. It is open to the senior member to give up his right of Management. Then one junior to him can become the Karta.
Can a female be a Coparcener and Karta?
24] A Woman cannot be a Coparcener and hence, She cannot become the Manager / Karta of the Hindu Joint Family.
Can a daughter be Karta?
A Hindu Undivided Family (HUF) is known as a Joint Hindu Family under the Hindu Law. It comprises all persons lineally descended from a common ancestor and living under a common roof and joint in estate, food and worship.
Who Cannot be a Karta?
2. Junior male member: In the presence of a senior male member, a junior male member cannot be the Karta. However, with the consent of all the coparceners, a junior male member can be appointed as a Karta.
What are the features of joint Hindu family?
Characteristics of a Joint Hindu Family Business:
- Governed by Hindu Law: The business of the Joint Hindu Family is controlled and managed under the Hindu law. …
- Management: …
- Membership by Birth: …
- Liability: …
- Permanent Existence: …
- Implied Authority of Karta: …
- Minor also a Partner: …
What are unique qualities of Hindu joint family?
Joint family has the following features or characteristics.
- (1) Large in Size:
- (2) Joint Property:
- (3) Common Kitchen:
- (4) Common Residence:
- (5) Common Worship:
- (6) Similar rights and obligations:
- (7) Close blood ties:
- (8) Absolute power of the head:
Can a female become Coparcener of Hindu joint family?
The amendment of 2005 in the Hindu Successions Act has cleared the pathway for women to be a coparcener in a Hindu Joint Family and has given them consideration for being the Karta.
Who is a Coparcener?
Under the Hindu Law, the coparcener is a term to indicate those male members of a Hindu family who have an undivided interest over the ancestral property by birth. They are the head of the family or Karta and the three subsequent generations of the Karta which include his sons, grandsons, and great-grandsons.
Can a married daughter be a Karta?
After marriage, a daughter will cease to be a member of her parental HUF, but will continue to be a coparcener. Thus, she is entitled to ask for partition of the HUF property, as well as to become the Karta of the HUF, in case she happens to be eldest coparcener of her father’s HUF.
Is daughter has equal right in property?
According to the Hindu Succession (Amendment) Act 2005, daughters have the same right as sons to their father’s self-acquired property, if he dies intestate, that is, without a will. … The marital status of the daughter has no bearing on her right to the property.