Asked by: Costache Mitschke
religion and spirituality hinduism

Can wife be Karta of HUF?

Last Updated: 23rd April, 2020

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According to Mitakshara law, only a coparcenercan be a karta or manager of an HUF.Therefore, since a Hindu widow is a member of the HUF butnot a coparcener, she cannot be a karta of in her husband'sHUF.

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Considering this, can wife be a Coparcener in HUF?

Your wife is a member of the HUF but not acoparcener. She would be entitled to a share in theHUF property only upon partition. Though, a wifecannot demand a partition of the HUF property, if there is apartition, she will get a share equal to that of her husbandand her children who are part of the HUFfamily.

Similarly, can a daughter be a Karta of HUF? Only a coparcener can become Karta of aHUF. By virtue of the Hindu Succession (Amendment) Act 2005,daughters can also become coparceners and have interest bybirth in coparcenary property similar to sons. Therefore, youcan continue with your father's HUF and becomeKarta of the HUF.

Also know, can a person be Karta in two HUF?

It is possible a person can be Karta in twoHUF. 13 June 2013 Yes you can have two HUFs. Yourmother cannot be karta, she can only be the managerof HUF if there are no male members or if the male membersare minors. So you can have 2 HUFs.

Who can be Karta of HUF family?

There can be more than one KARTA of aHUF. Minor as Karta In absence of the father, theelder minor son could act as the Karta of thefamily. Therefore, a minor can be the managing memberof a Hindu undivided family. However, a woman can bea Karta after the demise of the male head in threesituations.

Related Question Answers

Clemorisa Cejas

Professional

Is wife a member of HUF?

In an HUF, an individual does not have a claim onany assets unless they are partitioned. Also, the Act recogniseswives and daughters-in-law only as members of anHUF but not as coparceners. They, therefore, cannot becomekarta.

Emina Larreburu

Professional

How is HUF property divided?

In total partition, all the member of the HUFceases to be members of the HUF and the wholeproperty ceases to be the HUF property. Partialpartition can be property specific too where theproperty is divided between members and the rest ofthe property continues to HUF property.

Hovik Sery

Professional

Can a husband and wife form HUF?

A husband and wife can form an HUF but awife can only be a member, not a co-parcener. Therefore, theHUF income will not be assessed separately. "Only thebirth of a child will give the unit the status of anHUF for tax purposes," says chartered accountant and legalexpert Rakesh Gupta.

Quirino Lutzhoft

Explainer

What is the difference between Karta and Coparcener?

The essential difference between a'coparcener' and a 'member' of an HUF is that acoparcener can enforce partition of the HUF, while a membercannot.

Yumalai Osipenko

Explainer

How do I create a HUF deed?

How to create HUF
  1. Step 1: Create HUF Deed. The 1st Step in creating aHUF is to create the HUF Deed.
  2. Step 2: Apply for HUF PAN Card. As a HUF is treated as aseparate entity different from its members, a HUF is required toapply for a separate PAN Card.
  3. Step 3: Open HUF Bank Account.

Neu Stegmuller

Explainer

What is the meaning of HUF?

Hindu Undivided Family (HUF) Concept ofHUF. The term 'Hindu Undivided Family' has not been definedunder the Income Tax Act. It is defined under the Hindu Law as afamily that consists of all persons lineally descended from acommon ancestor, including wives and unmarrieddaughters.

Maisie Privat

Pundit

Can Karta sell HUF property without consent?

In this case, taken up by Two-Judge Bench of the SupremeCourt, the Court has ruled that Karta of the Family cansell share in ancestral property on account of legalnecessity even without obtaining due consent of othercoparceners.

Juergen Berkholz

Pundit

Which income can be shown in HUF?

HUF is treated as a 'person' under section 2(31)of the Income-tax Act and is a separate entity for thepurpose of assessment.

Cloe

Pundit

When did Karta of HUF die?

Upon the demise of karta, the eldest male memberof the family becomes the karta of the HUF. Evenwhere the deceased karta has a surviving wife, his eldestson or the eldest male member of the family becomes thekarta.

Rodger

Pundit

Can wife become Karta of HUF after death of husband?

On the demise of a male karta, it is nowpossible for a daughter to become a karta of theHUF under the circumstance where she is the eldest adultcoparcener in the family. A widow therefore, cannot act askarta of the HUF after the death of herhusband.

Uladzimir Amorin

Pundit

Who becomes Karta of HUF after death of Karta?

When Karta of the HUF dies, the nextsenior male member takes over as Karta. If the seniormost member gives up his right, a junior coparcener can becomeKarta of the HUF, with the consent of all other majorco-parceners as held by Supreme Court in Narendra Kumar J. Modi VsCIT (1976) 105 ITR 109 (SC).

Asher Winandt

Teacher

What if Karta of HUF dies?

A daughter after her marriage has no right at all inassets of HUF. After the death of karta,if there is no male member, the wife of karta notbecomes a karta. If a Karta dies, leavingbehind his window and minor son, even then, wife is not permittedto become a karta.

CaƱos Mcneil

Teacher

Can HUF name be changed?

By virtue of the Hindu Succession (Amendment) Act 2005,daughters can also become coparceners and have interest bybirth in coparcenary property similar to sons. Therefore, youcan continue with your father's HUF and become Kartaof the HUF. There is no requirement to form new HUFand obtain new PAN.

Ewa Marongiu

Teacher

What is HUF PAN card?

A PAN Card is a very important document for HinduUndivided Families (?UFs), second only to the HUF Deed. Itestablishes the HUF as a financial entity that can open bankaccounts, buy property and make investments, among otherthings.

Lynwood Elanchik

Teacher

Who is a member of HUF?

An HUF is a family which consists of all personslineally descended from a common ancestor, and also the wives anddaughters of the male descendants. It consists of the karta, who istypically the eldest person or head of the family, while otherfamily members are coparceners.

Luigia Soruet

Reviewer

Can Karta sell HUF property?

Generally senior male member of HUF acts asKarta (Head) of the joint family. Karta can sell theproperty owned in the name of HUF only in case oflegal necessity for family needs and for benefit of the estate. Shecan only have right in such properties as widow i.e.after death of her husband.

Nafisa Strathe

Reviewer

Who can operate HUF account?

As soon as Hindu individual is married he canopen an account in the name of his HUF and when thechild is born, he will automatically become member of hisfathers HUF. Under income tax, HUF is treated as aseparate person. So you can divide your income in twoparts.

Lennie Weissmantel

Reviewer

Is HUF only for Hindus?

A Hindu undivided family or HUF is a legalterm related to the Hindu Marriage Act. The female membersare also given the right of share to the property in theHUF. The term finds reference in the provisions of theIncome Tax Act, but the expression is not defined in theact.

Asher Rainey

Reviewer

How HUF can save tax?

An HUF is allowed to make investments intax-saving Fixed Deposits and Equity Linked SavingsScheme (ELSS) to earn tax benefits of up to Rs1.5 lakh under Section 80C.