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 If a karta (a man) passes away can his wife or daughter become karta?

Is it also possible for a wife to be karta if she has a son who is above 18 years of
age?

On the demise of a male karta, it is now possible for a daughter to become a karta of


the HUF under the circumstance where she is the eldest adult coparcener in the family.
The courts have found no restriction in the law preventing the eldest female coparcener
of an HUF from being its karta.

However, in case of wife of the deceased karta, the same argument cannot be extended
since the wife of the deceased karta is never treated as a coparcener to the HUF. A
widow therefore, cannot act as karta of the HUF after the death of her husband.
Interestingly, in cases where the surviving male coparceners were minors, the courts
took a view that the widow can be a manager of the HUF while distinguishing the
position of a manager from that of a karta.

Thus, it would be correct to say that as of today, if a woman, who is not a coparcener
(widow or wife of a coparcener) has a son above the age of 18 years, in such a case it is
not possible for her to be the karta of the HUF.

3. In February, 2016, Delhi High Court in a landmark verdict said that the eldest
female member of the family can be its 'karta' in a HUF.

(a) What are the implications of this?

(b) Will women get more rights in an HUF compared to earlier?

(c) What were the rules earlier? What rights did women have earlier?

a. Implications: The 2016 Delhi High Court verdict serves as an important


clarification regarding a woman's status as karta of a HUF. By establishing that
daughters can also become karta of the HUF, the verdict is seen to be a
significant step forward for women in family matters given the wide arena of
discrimination and taboo followed in the classic Indian family. The verdict gives
the right balance to the sociological differences between males and females and
also serves as an encouragement for change in several other male oriented laws
of India.
b. Extent of rights: As a result of this clarification, the scope of rights of females
under Section 6 of the Hindu Succession Act has been expanded. Before the
verdict, females were recognised only as coparceners and the right of females to
become karta of the HUF was barred. However, the court was explicit in holding
that there exists no restriction in the law preventing the eldest female
coparcener of an HUF to exercise the right of becoming a karta of an HUF.
c. Earlier position: The 2005 amendment to the Hindu Succession Act provided
that daughters whether married or unmarried would be recognised as
coparceners and would thus be entitled to an equal share in the family property.
It was however silent as to a daughter's position as karta. This ruling took the
reforms therein to their logical conclusion

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