First HUF is of father ,son , daughter in law , daughter
Second HUF is of son , wife , and his. 2 children
On demise of father son can be karta of 1st HUF and of 2nd HUF
A person, Karta of two HUFs
Respected Sirs, Whether a person can be Karta of two Hufs in following given situation? There is one(Ist) Huf coparceners being Karta named K, K’s son N, K’s daughter in law M, and K’s daughter P. K’s wife already expired before 1990. This Ist Huf was made in 1990. N’s son J, N’s another son L became coparceners when they born in family in 1992,1993 respectively. K’s daughter P married in 1994. Simultaneously, There is another (2nd or smaller) HUf at the same time Karta being N (son of K), coparceners N's wife M, N's son J and N's another son L. This (2nd) HUf was made in 1994. Karta of Ist Huf i.e K died in 2002. Can N being his only son can become Karta of Ist Huf, while keeping him Karta of 2nd Huf ? Thanks with Regards,
Asked 7 years ago in Family Law
Religion: Hindu
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5 Answers
1. first of all you should bear in mind that Hindu undivided family is the concept of income tax act, according to Hindu personal law there is Hindu joint family concept and such joint family is consisted with karta and his three descendants generations.
2. so there is only one joint family because coparcenars of three generations are living together.
3. after death of karta, the eldest male conparcenar will be the karta unless he refuses to perform so.
In the circumstances explained by you it is possible for a person to become Karta of two HUFs simultaneously. i.e., a person is already a karta of his own HUF consisting his wife and children, though he is a coparcener in the HUF where his father is a karta, upon the death of his father if he is made karta of that HUF, there is no legal infirmity in it. Thus, it is possible a person can be Karta in two HUF. One your father's HUF and secondly your 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.
Read these judgments, don't give rating as terrible if answer is based on settled law.
1. umacharan shaw vs CIT AIR 1958
2. rashiklal vs CIT SCC 1998
3. j.n shar vs udai narayan SCC 2013
4. shreya vidyarthi vs ashok vidyarthi SCC 2015 SC