Huf after death of karta

1. The death of the karta does not result in the change of status of the HUF. HUF continues as such with the remaining members of the family.

2. After the death of the karta, one of the female members of the family in absence of male member, normally the senior most female member act as the karta and in your case the widow of the deceased karta can act so. There is no need for the change of the name of the HUF and the HUF can continue with the earlier name itself.

3. Even after the death of the sole male member, so long as the property which was originally of the joint Hindu family remains in the hands of the widow of the member of the family and is not divided among them, the joint family continues - Apex Court decision ref.: CIT Vs. RM. AR. AR. Veerappa Chettiar [(1970) 76 ITR 467].

[Last reply]

A/T to mitakshara school of hindu law each coparcenary has equal rights on the properties of Karta irrespective s*x and numbers of member.

A/t to dayabhaga school of hindu law when karta dies then only a legal heir or a senior most heir/member becomes the next karta of HUF.

Our Hindu succession act follows the school of mitikshara except in the regions of assam,bengal and parts of orissa where still dayabhaga of school of hindu law is entertained.In which the rights of karta are obsolute in nature and can't be refrained until he survives.

ESIS

But in a case, where the widow also dies and her only son has also passed away, will the property be divided amongst the brothers of the male karta, as it was an ancestral property of the original male karta? Since they are class 2 legal heirs to their dead brother. Or the widow can execute will before her death and the property will go to her sisters?