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Nishkam Gupta   28 June 2023

2 hufs of same name and karta

I had registered a HUF comprising my  mother, self and wife after my father expired in 2015. Date of incorporation was kept 2010 and I named it as my name NG HUF as I understood HUF is to be usually named as "name of karta HUF". I have a married sister with 2 children but she is not coparcener in this HUF as I was not clear on her eligibility. I understand as per law however, she and her children have every legal right in this HUF assets. In 2022, I had a daughter. Now I want to register an HUF of myself, wife and daughter. I am not sure if a 2nd HUF registration with my self as karta and name as NG HUF with other details of Karta being same as the 1st HUF is legal from IT standpoint. 1st HUF technically was my fathers HUF and this would be my HUF. But since I already named the first HUF as NG HUF, seek expert opinion on whether this is legal and if there is a judgement on similar case. 



Learning

 2 Replies

Dr. J C Vashista (Advocate )     29 June 2023

Your sister cannot be member of HUF, however, your daughter (unmarried) has to be included in the same HUF, not a separate HUF.

Nishkam Gupta   29 June 2023

Thank you Dr Vashista for your response. 


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