Why a daughter but not a wife can be a karta of an HUF

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The key change came with the Hindu Succession (Amendment) Act, 2005, which granted daughters the same coparcenary rights as sons.

Daughters can now become karta of HUF due to 2005 legal changes
Wives cannot be karta as they are members, not coparceners
Coparceners have property rights; members get maintenance only

The role of the karta- the head of a Hindu Undivided Family (HUF)- has traditionally been associated with the eldest male member of the family. However, legal changes over the past two decades have altered this understanding. Today, daughters can legally become kartas of an HUF under certain circumstances, while wives still cannot.

The distinction lies in the difference between coparceners and members of an HUF, and how rights over ancestral property are defined under Hindu law.

Why daughters can become karta

The key change came with the Hindu Succession (Amendment) Act, 2005, which granted daughters the same coparcenary rights as sons.

Priyanka Desai, Founder and Co-Managing Partner at The Fort Circle, explains: “Before the enactment of the Hindu Succession (Amendment) Act, 2005, only a son was recognised as a coparcener in the Hindu Joint Family (HUF)and the only the eldest male member was traditionally regarded as Karta. After the 2005 Amendment, a daughter of a coparcener became a coparcener by birth, having the same rights and liabilities in the HUF as a son. Consequently, if the daughter is the eldest coparcener in the family, she can act as the Karta of the HUF.”

This effectively means that the role of karta is determined not by gender but by seniority among coparceners.

Alay Razvi, Managing Partner at Accord Juris, says courts have also clarified this position in recent years. “Courts, including the Delhi High Court, have affirmed that the role of Karta is not restricted by gender but by seniority. If a woman is the senior-most coparcener in the family, she can manage the HUF’s affairs, control its property, take financial decisions, and represent the HUF in legal and tax matters.”

Why a wife cannot be a karta

Despite these reforms, a wife cannot become a karta because she does not qualify as a coparcener.

Radhika Gaggar, Partner (Co-head – Private Client) at Cyril Amarchand Mangaldas, explains the legal reasoning.

“The eldest coparcener has the right to be karta, be it daughter or son, a position confirmed by the Supreme Court as recently as 2023. However, it should be noted that the wife of a coparcener does not possess the same right. This stems from the principle that a wife only becomes a member of her husband’s family upon marriage, and not a coparcener.”

In other words, the ability to become a karta is linked to coparcenary rights acquired by birth, which wives do not have.

Member vs coparcener: the key distinction

Understanding this difference is crucial to understanding the structure of an HUF.

According to Desai, “A wife, daughter-in-law can only be members of a HUF while the sons and daughters born in the HUF are by virtue of their birth, coparceners of the HUF. While members, by virtue of not born in the HUF are not coparceners and are not entitled to the benefits nor bound by the obligations of HUF. Members are only entitled to maintenance from the HUF.”

Razvi also emphasises that coparceners enjoy stronger legal rights over family property.

“A coparcener is a person who acquires a legal right in ancestral property by birth. After the 2005 amendment to the Hindu Succession Act, both sons and daughters are recognised as coparceners. Coparceners can demand partition of the HUF property and have a direct ownership right. On the other hand, wives and daughters-in-law are members but not coparceners.”

The Karta is the head of the HUF and manages all affairs of the family. The position carries both authority and fiduciary responsibility. The Karta has power over the income and expenditure; and is the custodian of the surplus, if any. The Karta is to be in charge of expenses towards maintenance, education, marriage, religious ceremonies, etc, explains Desai.

Gaggar adds that the karta also represents the family in legal and financial matters.

The evolving role of women in HUFs

The legal recognition of daughters as coparceners has significantly expanded their role in family wealth structures. While wives remain members rather than coparceners, daughters now have equal rights in ancestral property and can lead the HUF if they are the senior-most coparcener.

This shift reflects how Indian family law has gradually moved toward greater gender parity in inheritance and property rights, even though some distinctions within the HUF framework still remain.

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