Best answer: Can a mother be a Karta of a joint Hindu family?

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.

Can woman be Karta in HUF?

However, the banks in India, as well as RBI, do not recognize a female as a Karta of a HUF, thereby refusing to open bank accounts of HUF with female as Karta of the same. This is so, despite the pronunciation of the Hon’ble Supreme Court in the aforesaid case.

Who can be Karta of the Hindu Joint Family?

Article 236 of the Mulla Hindu Law defines “Karta” as follows: Manager – Property belonging to a joint family is ordinarily managed by the father or other senior member for the time being of the family: The Manager of a joint family is called Karta.

Can mother be Coparceners in HUF?

While a coparcener can seek partition of the property, members like daughters and mothers, only had the right of maintenance from the HUF property. They would get their share as and when a partition took place.

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Who Cannot be a Karta?

An aged patriarch with failing physical health will continue to be the Karta of the HUF till his death. In case of the demise of the Karta of an HUF, the eldest surviving coparcener in the family automatically becomes the Karta.

Can married daughter become Karta?

Yes, a married daughter is considered a part of HUF. Prior to 2005 amendment in the Hindu Succession Act, 1956, the daughter, on her marriage, ceases to be a member of her father’s HUF and becomes a member of her husband’s HUF.

Who is Karta of joint family?

Karta means manager of joint family and joint family properties. He is the person who takes care of day-to-day expenses of the family, looks after the family and protects the joint family properties. Coparcener is a term used for a person who assumes a legal right in parental property by birth only.

What is the role of Karta in joint Hindu family?

In Hindu joint family, the senior-most male ascendant is the head of the family and known as Karta. Karta is the manager of the family. He takes care of the family and its property. The relationship of Karta with the other members of the family is not that of a partner, agent or principal.

When can Karta alienate joint family?

With the consent of all adult co-partners in existence at the time of such alienation, the Karta may alienate the joint family property, regardless of the legal requirement or value of the estate.

Can a mother be a Karta?

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.

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Can a female be Coparcener?

Property rights of a daughter before 2005

In the first category are coparceners. Only males were recognised as coparceners of the HUF and all the females were called members. All the coparceners are members but vice-versa is not true.

Is mother a Coparcener?

In another situation also where the HUF consists of a Hindu mother as well as her minor sons, in such a situation though even under the latest amendments made to the Hindu Succession Act, the mother is not a coparcener and the minor members being not capable of becoming Karta, the Hindu mother can act as a Manager to …

What is a joint family in India?

A joint family or undivided family is an extended family arrangement prevalent throughout the Indian subcontinent, particularly in India, consisting of many generations living in the same household, all bound by the common relationship.

Can a Karta of joint family gift Coparcenary property?

The Privy Council, in this case, held that dedication of a portion of the joint family property for the purpose of religious charity may validly be made by the Karta, if the property allotted is small compared to the absolute means of the family. Such alienation cannot be made through a will.