Shreya Vidyarthi v. Ashok Vidyarthi

Issues

1. Was the suit property bought from joint family funds or from Rama’s personal funds?
2. Can a female be the Karta of a HUF, or only the manager/guardian for a minor male coparcener?

Rules

• A Hindu widow is not a coparcener and therefore is not Karta in her own right.
• Karta ≠ Manager: A widow can act as manager of the HUF as the legal guardian of the sole surviving minor male coparcener and perform Karta-like functions until majority.
• This approach is supported by Sushila Devi Rampuria v. ITO (Calcutta High Court).

Arguments

Judgment

The Supreme Court emphasized that a Hindu widow is not a coparcener and therefore is not Karta by status. However, “Karta” and “manager” are distinct. If the adult male coparcener has died and the sole male heir is a minor, the mother can act as the legal guardian and manage the HUF, performing Karta-like functions in that capacity. On the record, Ashok’s natural mother was passive, while Rama took an active, dominant role consistent with guardian-management. The High Court rightly treated the suit property as joint family property. The appeal was dismissed.

Ratio

A widow is not Karta as she is not a coparcener. Yet, when the only male coparcener is a minor, the mother can act as manager/guardian of the HUF and handle Karta-like duties until majority. On the facts, the purchase was treated as from joint family funds.

Why It Matters

• Clarity in roles: Separates “Karta” (coparcener role) from “manager” (guardian role).
• Continuity of HUF: HUF does not end just because there is no adult male; guardian-management keeps it going.
• Property tracing: Courts will examine sources and control to decide HUF vs personal property.

Key Takeaways

• Widow ≠ coparcener; not Karta in her own right.
• Mother can manage HUF as guardian of a minor male coparcener.
• Source of funds and conduct decide HUF vs personal property.
• Sushila Devi Rampuria supports guardian-management principle.

Mnemonic + 3-Step Hook

Mnemonic “KM-G: Karta? Maybe—Guardian!”

1. Check Status: Is the male coparcener a minor?
2. Assign Role: Mother as manager/guardian (not Karta by status).
3. Trace Funds: Decide HUF vs personal from source + control.

IRAC Outline

Glossary

Karta

Head coparcener who manages HUF by virtue of coparcenary status.

Manager (Guardian)

A person (e.g., mother) managing HUF affairs for a minor male coparcener.

Joint Family Funds

Income or assets belonging to the HUF, not to any single member.

FAQs

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