HUF Karta

Senior Most Male Member: - It is a presumption of Hindu law, that ordinarily the senior most male member is the Karta of the joint family.

Jandhayala Sreeamma v. Krishnavenamma AIR 1957 A.P.434
In the case of Hindu Joint Family a suit to set aside on alienation filed by the younger of the two brothers within three years of his attaining majority would be barred by limitation if the elder brother, who was the manager and an adult has failed to sue within three years of his attaining majority.

The senior most male member is Karta by virtue of the fact that he is senior most male member. He does not owe his position to agreement or consent of other coparceners. So long as he is alive, may be aged, infirm, or ailing, he will continue to be Karta. Even a leper may continue to be the Karta1. However, in cases of insanity or any other disqualifications, the next senior male member generally takes over the Kartaship. Once this is done the former will cease to be a karta.

So long as the father is alive, he is the karta. After his death it passes to the senior most male member, who may be the uncle,  son, if coparcenery consists of uncles and nephews, or who may be the eldest brother, if coparcenery consists of brothers.

Ajay Sir

Thanks for the clarification but does that mean that a HUF can exist with only a son and a mother as the members?

Huf  Will exist..Mother will represent the HUF till the son gets major.

@ Rohit Sir

The son is already a major as mentioned in the original query. What I am confused about is whether a HUF can exist with a major son and his mother as the only 2 members. Or is it necessary to have a family of the son for the HUF to exist?

As per veerappa chettiar case,

widows can constitute HUF,

only for formation male member is required, but not for continuance.

Thanks Sir