Madhu Mittal (Director) 13 June 2017

A person, karta of two hufs

Sub: 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. 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,

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Arjun Kohli 23 June 2017

First of all, I would like to clarify that a Hindu Undivided Family cannot exist within a Hindu Undivided Family. It is a continutation and the members keep getting added to it. Karta is the head of the Hindu Undivided family. Birth of new members does not create a new Hindu Undivided Family but just adds them to the existing one. Therefore, the Karta remains the one who was Karta before their birth. Therefore, in your case, you need to understand that there is only one HUF and only one Karta, i.e, K when he was alive. There can not be another HUF arising from the original one, unless the first one was dissolved via Partition between the concerned members. Hence, unless a Partition took place on the application of N, N doesn't become a Karta of another HUF for there is no new HUF, simpy put.

When K died in 2002, N being his only son, naturally becomes the Karta of the single HUF.