Question And Answer | |
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Subject: | What should be done if the Karta of HUF is alive but becomes incapable of contracting? |
Category: | General Law |
Querist: | Advocate Hegde |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | HUF, incapable of contracting, Karta |
Date: | June 12, 2021 |
What should be done if the Karta of HUF is alive but becomes incapable of contracting?
From our limited understanding of facts, it appears that the Karta who is responsible for managing the affairs of the HUF is in a state wherein he is incapable of contracting.
The HUF can nominate another member as a Karta. The Hon’ble Supreme Court in the case of Union of India v. Sree Ram AIR 1965 SC 1531 has held that there can be more than one Karta of a HUF and there is no bar on this.
Further, the HUF can also nominate a female -member as a Karta to look into the affairs of the HUF.
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