• HUF family karta

my father and mother married 1980 , i am first son , my mother expired on 1982, after my father had done second marriage 1984 , she has  3 children, my father expired 1988 , my father purchase 2 VLT plot in mumbai and 3 shop ,as i was minor in 1988 all property was rented by my step mother , my step mother not allowing me to enter any shop , she has rented all property and claiming rent and using to take care of her son only, there is no any will by my father , what is my share in property can i become karta of all property.
Asked 2 years ago in Civil Law from Mumbai, Maharashtra
you can definetly claim your mother share from her
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
if your father died intestate on his death you have 1/5th share in property . if your step mother is refusing to give you share you can file suit for partition of the property . contact a local lawyer and issue legal notice to your step mother / 3 children for your share in property
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
On the death of your father, his HUF can continue and you (being his oldest child) shall be the karta after his death.


Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005, states that a coparcener is entitled to bequeath his share in a joint Hindu family property by testamentary disposition (by executing a will) or intestate succession.

since your father died without any will property will devolve as per the rules of intestate succession applicable to Hindus under the Hindu Succession Act, 1956—his share in the joint Hindu family property shall devolve upon his Class I heirs (being his wife and all his children, including his daughters).
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
you can get it from district court also
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Legally speaking, you cannot be the karta as your step brother is alive.

You have an equal share in the property which belongs to your deceased father. It, therefore, follows that you have an equal share in the rent as well. Accordingly, you may move court to seek apportionment of rent and collect all arrears thereof. In addition to this, you may file a case for partition to divide the property and cull out your share therein.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
Letter of administration cannot be sought by you as you are not the only surviving heir to your father.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
file suit for partition since your step mother is refusing to give you share of property
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
A letter of administration can be obtained from the Court of competent jurisdiction in cases where the testator has failed to appoint an executor under a Will or where the executor appointed under a Will refuses to act or where he has died before or after proving the Will but before administration of the estate. Letters of Administration are not always necessary in cases of intestacy of Hindus, Mohammedans, Buddhists, Sikhs, Jains, Indian Christians or Parsis. Letter of Administration are always necessary where a person (governed by the Indian Succession Act) dies intestate.
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
your whole objective in becoming karta is you want inspection of accounts . even without being karta you can issue notice to your step mother to furnish detailed statement of account . you are one of legal heirs of property of your deceased father . if they refuse to do so you can get necessary reliefs from court . dont hanker after being karta of HUF .
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
Yes, a female can become a karta, but only when the male members are minors or are not in a position to manage the affairs and give a declaration to that effect and seek the permission of the Department to allow the female to manage. Champa Kumari Singhi v Revenue (1962) 46ITR81 (Cal).
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
You cannot become karta as there are other surviving heirs.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
Moreover, there is no legal right which shall accrue to you on becoming karta. You are one of the heirs of your deceased father. Hence, you have the right to collect rent and retain your share therein, inspect all the requisite documents in relation to this property, etc. If these rights are being denied to you then you may seek enforcement thereof through court.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
You are laying too much emphasis on the position of 'karta' without bearing in mind that karta shall have no preferential rights in your case.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0

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