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Last Updated On 23-Jul-2024
Tax

Huf

My father was karta of huf having Me and my mother as coparceners. AFTER HIS DEATH I BECAME KARTA WHILE I WAS KARTA IN MY OWN HUF ALSO HAVING MY WIFE AND DAUGHTER AS KARTA. AFTER MY MOTHERS DEMISE CAN I CONTINUE AS KARTA OF MY FATHERS HUF AND CAN I ADD MY DAUGHTER AND WIFE AS COPARCENER /MEMBER TO MY FATHER HUF

( Delhi, Delhi )

23-Jul-2024

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A.
Dear Client,
Any woman who enters the Hindu Undivided Family by way of marriage is only considered a member and not a coparcener. Hence, wife cannot become kartas in an HUF. If you are currently the karta of the HUF, then in case of your death, your wife can only act as its manage. As such, she can manage the property and business or file taxes, but cannot sell or borrow against the HUF’s assets. The High Court held that a daughter can serve as the Karta of a HUF, as the acknowledgement of daughters as coparceners by Section 6 of the Hindu Succession Act includes all aspects of coparcener rights, including the right to become the Karta of the HUF. We hope that our response is helpful to you.
Posted On 23-Jul-2024
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