Hindu law
sneha
(Querist) 06 October 2015
This query is : Resolved
can widower/wife be a karta if his son is not mentally fit?
if yes then judgement?
if no then who?
P. Venu
(Expert) 07 October 2015
Please disclose the material facts.
M V Gupta
(Expert) 08 October 2015
Even before the amendment of Hindu Succession Act, 1956 in 2005, when daughters are accorded the status co parceners in the HUF, courts have pronounced that when the male members left in the family are minors, the mother of the minor son who was the only co parcener can act as the representative kartha of the fmily.(Champa Kumari VS Revenue - 1962-46 ITR 81). Another situation in which courts held that women can act as Karta of the HUF is when the HUF is left with only women members, in such cases also a HUF can continue with a woamn member as karta- this is in view of the existence of potential coparcenary as any widow could have brought a male child in to the family as co parcener by adoption. Hence in the quoted instance the widow of the deceased person can act as Karta of the HUF during the minority of only surviving son.
K.S.Srinivas
(Expert) 12 October 2015
Agreed with Sri M.V.Gupta.
