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Who takes over when Karta of a HUF dies?

Who takes over when Karta of a HUF dies?

What is HUF?

We have heard and used the term HUF in income tax; today let’s understand what exactly the HUF is.

HUF is simply ‘Hindu Undivided Family’. Though it has not been specifically defined in the income tax act, the act recognizes the HUF as a separate taxable entity (just like an individual, a company or a firm). HUF can file an Income Tax Return. HUF can be formed by a group of individuals, who are descendants from a common male ancestor, of the same Hindu family.

The senior most male member of the HUF is called ‘karta’. The family of the karta is members of the HUF – his wife, his children, their wives and their children, including unmarried daughters are members of HUF. Male member of the HUF are called co-parceners and a co-parcener can demand partition of the HUF. Its important to know about co-parceners because the HUF can only be taxed as a separate entity if it consists of at least 2 co-parceners.

Who takes over when Karta of a HUF dies?

  • Upon the demise of the Karta, who takes over?

Upon the demise of karta, the eldest male member of the family becomes the karta of the HUF. Even where the deceased karta has a surviving wife, his eldest son or the eldest male member of the family becomes the karta.

  • What if the eldest son is an NRI?

A karta of an HUF can be a non-resident (provided he is a Hindu). However, the residential status of HUF might change under the Income-Tax Act, 1961. An HUF is said to be resident in India if control and management of its affairs is wholly or partly situated in India. The mere fact of absence of karta from India does not make the family (HUF) a non-resident (unless the decisions concerning the family are taken outside India).

Who takes over when Karta of a HUF dies?



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