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After the 2005 Hindu Succession Act amendment, daughters can become Karta of a Hindu Undivided Family if they are senior-most coparceners
Legal experts note that while daughters qualify as coparceners by birth, wives enter the HUF only as members through marriage.
Can a woman head a Hindu Undivided Family (HUF)? The answer today is yes, but only under specific legal conditions. In an HUF, the head of the family is known as the Karta, the person responsible for managing the family’s property and affairs. While this position was traditionally reserved for men, legal changes over the past two decades have opened the door for women to assume the role.
However, eligibility depends on whether the woman is a coparcener by birth or merely a member of the family, a distinction that determines ownership rights, management authority and tax implications.
Before 2005, only sons were recognised as coparceners in a Hindu joint family, and the senior-most male member typically served as the Karta. This position changed with the amendment to the Hindu Succession Act in 2005, which granted daughters coparcenary rights by birth, placing them on an equal footing with sons in terms of rights and responsibilities.
Priyanka Desai, founder and co-managing partner at The Fort Circle, said that the amendment marked a decisive shift in the legal framework governing Hindu joint families. “Before the 2005 amendment, only sons were considered coparceners in a Hindu joint family, and the oldest male member was regarded as the head,” she said, adding, “After the amendment, daughters also became coparceners from birth, with equal rights and duties as sons. If the daughter is the senior-most coparcener, she can become the Karta of the HUF.”
Courts have reinforced this interpretation, clarifying that seniority among coparceners, not gender, determines who can serve as the head of the family. The amendment effectively granted daughters equal status in matters of property ownership and family management.
However, the same rights do not extend to wives or daughters-in-law. Legal experts note that while daughters qualify as coparceners by birth, wives enter the HUF only as members through marriage.
Radhika Gaggar, partner and co-head of the private client practice at Cyril Amarchand Mangaldas, said the right to become Karta rests exclusively with coparceners. “The senior-most coparcener has the right to be the Karta, whether a daughter or a son. But it is important to note that the wife of a coparcener does not have this right,” she said.
Desai explained that this distinction is fundamental to understanding HUF law. “The wife or daughter-in-law is only a member of the HUF, while sons and daughters born into the family are coparceners from birth,” she said.
The difference between coparceners and members is crucial because coparceners enjoy ownership rights over HUF property. They can demand partition, participate in management decisions and are eligible to become the Karta. Members, on the other hand, have more limited rights.
“The wife is a member, but not a coparcener. Therefore, she does not have ownership rights over HUF property. Her rights are limited to maintenance and reasonable expenses,” Gaggar said.
As the Karta, the head of the HUF manages the family’s assets, makes financial and investment decisions, and represents the family before courts and tax authorities. The Karta is also regarded as the legal guardian of the family’s property.
Under the present legal framework, daughters can serve as Karta if they are the senior-most coparceners. Wives, despite being integral members of the family, remain ineligible for the role because coparcenary rights arise only by birth, not by marriage.
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February 26, 2026, 18:01 IST
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