Y V Vishweshwar Rao
(Querist) 23 July 2009
This query is : Resolved
Dear Friends please verify and suggest the way out !
Father & Three Daughters (and wife) are a unit of HUF and holding vlauable Joint Family/Ancestral properties in several places . Father is suffering with mental disorder and he is in hospital since few years .
1-Whehter the Elder Married daughter( as Defined as Coparcener with equal rights that of son) can become the Kartha of the HUF and as HUF Kartha can sell the HUF proerties to impliment the Sale agreements executed by her father while he was in Sound and disposing state of mind .
2- Whehter Elder Married Daughter, as above , can represent the mentally effected father, in a Sale deed to be executed by her as Kartha / Adult member of HUF for herself and unsound Mind Father and HUF minor Sisters - with out any Cout permisison ?
A V Vishal
(Expert) 24 July 2009
In my view only unmarried daughters who are co-parceners can be eligible to be karta apart from the wife or widow. The wife/widow can act as karta in case the husband is disqualied to represent the HUF or the daughters are married or are minors. Since, after marriage the daughter severs her ties with the maternal family and joins her matrimonial home, she is disqualified from holding the post of karta although she has rights as co-parcener in he joint family. Her role can be disputed in future by her minor sisters, hence it will be more appropriate for the wife to act on behalf of her husband. Last but not the least, the succession act doesnot have any provision for the wife to be as a karta in her husband's lifetime, it is better to obtain an appropriate order under the Hindu minor & guardianship act by the wife to execute the sale documents in order to avoid disputes by the minors
In Hindu Law, Mitakshara did not recognised the women (married daughter/wife/widow/unmarried daughter as Kartha of the family. So married daughter cannot represent as a kartha.
daughter dont have rights to represent to her father, she should be get the permission from the Jurisdictional Court.
Widow/wife can represents their children as a natural gaurdian for her children. But she dont have any right to represents her unsound husband.
In the circumstanses all the members of the joint family should get the permission from the Court for represent to the their unsound father. Widow/ wife can represent her minor childeren as natural gaurdian, there is no need to get the permission to represent her minor children.
Y V Vishweshwar Rao
(Querist) 27 July 2009
Dear /sanjeev Desai ! Wife is not Coparcener and not share holder in the HUF properties ! Previously daughters are not coparceners - Now law is amended including the Daughters as coparceners - Kartha is the post or position in HUF enabling adult /elder member /Manager/coparcner to act as manager/ Kartha to perform all the acts of the Kartha for HUF and its members benifit/s ! Please suggest in this context!