Can a female become Coparcener of Hindu joint family?

Vide Sec. 6 of the Hindu Succession Act, a male who has interest in the joint Hindu family property, shall be governed by Mitakshara law2 ‘ as far as his property is to be divided, and in a case the Supreme Court held that “A joint family may consist of female members.

Can a female be a Coparcener?

# After The Hindu Succession Amendment Act, 2005 women are recognized as coparceners. … Since a woman could not be a coparcener, she was not entitled to a share in the ancestral property by birth. A son’s share in the property in case the father dies intestate would be in addition to the share he has on birth.

Can female be Karta of Hindu joint 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.

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Can wife become Karta HUF?

In CIT vs Seth Govindram Sugar Mills [1966 AIR 24], the Supreme Court held that a widow cannot be regarded as the karta of her husband’s HUF. However, she can manage the HUF assets and can represent the same for tax assessment, if the coparceners are minors until the eldest coparcener attains majority.

Can a daughter be a Coparcenary within the meaning of Hindu Succession Act 1956?

Tuesday’s verdict has upheld the stand that coparcenary status of daughters is created by birth, and is not dependent on whether the father was alive or not on the date on which it came into force — a daughter has the same status as a son as soon as she is born.

Can a married daughter claim her father’s property?

According to a recent Supreme Court ruling, it does not matter whether the father was alive or not in 2005, when the Hindu Succession Act 1956 was amended to give equal rights to the daughter in her father’s property. Since your father died without a will, the property will be divided equally among all legal heirs.

Can a daughter claim on ancestral property?

Secondly, the 2005 amendment to the Hindu Succession Act, 1956, gave equal rights to daughters in ancestral property and also in the coparcenary property of her parents.

Can female become a Karta?

Can a Woman be HUF Karta? Yes! Until January 2016, a woman could not be the HUF Karta. But in a landmark case, the Delhi High Court ruled in favour of a female being the Karta of a HUF.

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Can married daughter become Karta?

After marriage, a daughter will cease to be a member of her parental HUF, but will continue to be a coparcener. Thus, she is entitled to ask for partition of the HUF property, as well as to become the Karta of the HUF, in case she happens to be eldest coparcener of her father’s HUF.

Who can be a Karta of joint Hindu family?

In a family consisting of the father and his children, father is the Karta when he dies his eldest son becomes the Karta. Thus in a joint family consisting of brothers the eldest brother is the Karta. It is open to the senior member to give up his right of Management. Then one junior to him can become the Karta.

Can one person be Karta of 2 HUF?

Thus, it is possible a person can be Karta in two HUF. … Till your father’s HUF is partioned you can continue to be be the karta of the said HUF, if you are the eldest son otherwise the eldest son shall be the karta. So you can be karta for 2 HUFs.

What if Karta of HUF dies?

When Karta of the HUF dies, the next senior male member takes over as Karta. If the senior most member gives up his right, a junior coparcener can become Karta of the HUF, with the consent of all other major co-parceners as held by Supreme Court in Narendra Kumar J. … This amendment gave them equal rights as the sons.

Can HUF be formed by husband and wife?

To create HUF, at least two coparceners are required either son or daughter. Therefore only husband and wife cannot create an HUF, unless the property has been received by a coparcener on partition or otherwise. However, there is no impediment to starting a new HUF by gift from family members.

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How can a girl claim father’s property?

According to a recent Supreme Court ruling, it does not matter whether the father was alive or not in 2005, when the Hindu Succession Act 1956 was amended to give equal rights to the daughter in her father’s property. Since your father died without a will, the property will be divided equally among all legal heirs.

Who are Coparceners?

Under the Hindu succession law, the term coparcener is used to denote a person, who assumes a legal right in his ancestral property, by birth in a Hindu Undivided Family (HUF). As per the Hindu Succession Act, 1956, any individual who is born in an HUF, becomes a coparcener by birth.

What are the rights are Coparceners?

A three judge bench headed by Justice Arun Mishra ruled that the Hindu Succession (Amendment) Act (HSAA) 2005 ensures equal rights of a daughter to be coparcener in her father’s ancestral property from the day of her birth. … 2005, irrespective of when such daughters are born.

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