Who will be Karta of HUF on Death of Father who was Karta of HUF

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Every person by birth becomes the member of HUF. Unmarried daughter is member till her marriage. After marriage she will become the member of in law’s HUF(s). A Coparcener is a member of HUF who can claim partition whereas a Member cannot claim partition. This is the basic difference between the Coparcener and the Member. Thus it follows that all the coparceners are members of HUF but the vice versa is not true.

Any male or female person born in a joint family under Hindu law who is within four levels in lineal descendent from the common male ancestor is considered as a coparcener and anyone who becomes part of the family other than by the virtue of birth (I.e., by marriage) is treated as a member.

This image has an empty alt attribute; its file name is hindu-undivided-family-1-2-1024x683.jpgWho will be next Karta in case of death of original Karta:- After death of the Karta of an HUF, generally, the senior most coparcener becomes Karta of the HUF. Under the Hindu Law only a coparcener can be become Karta of an HUF.  However, a junior male member can also act as karta with the consent of the other members.

  • A Family consists of:- Father, Mother & Two Sons
    If father dies than elder son will become next karta.
    A junior coparcener can become the Karta if all coparcener agreed.
  • A Family consists of:- Father, Mother & Two Daughters If father dies than widow wife will become next karta.
  • A Family consists of:- Father, Mother & minor son If father dies than minor son will act as a Karta through his mother as guardian ( Budhi Jena v. Dhobai Naik)
  • A Family consists of:- Father, Mother & minor sonIf father & mother dies than the minor child will be the karta of HUF.
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