Deepak Shara 31 December 2022

Can a huf continue to exist if all coparceners expire except the karta

I would like to know whether a HUF entity can continue to exist if all co-parceners expire except for the Karta of the HUF.

Also, when all co-parceners expire except the Karta, can the Karta of the HUF write a WILL as Karta of the HUF or he has to include the assets in his own WILL.

Reply Follow

Quick Summary

This discussion explores the legal standing of a Hindu Undivided Family (HUF) when all coparceners, except the Karta, have passed away. It questions whether the HUF entity can continue to exist in such a scenario. Furthermore, it delves into the Karta's authority to execute a WILL for HUF assets, specifically whether they can do so as Karta or must include them in their personal WILL.

3 Replies

Narayanan Venkatasubramanian 31 January 2025

Yes, the expired persons legal representatives along with Kart can still hold HUF entity and if others legal representatives and after partition only a Karta can write his own Will in respect of his assets divided equally whether by oral partition or by written Partitio and if written it should be registered.

V. Narayanan