Sanjay (Business) 07 March 2010

HUF

Father is having his HUF and he is the Karta of the said HUF along with 2 sons & wife as coparceners.

I want to know can his son (having their family but staying with fathers doing the business in partnership firm in which the father is also a partner (all in individual capacity as partner)) make their own HUF without dividing their fathers HUF?
How can the son make their own HUF and how can they generate the capital of HUF? What are the options?

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8 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 07 March 2010

Until such one is a part of the HUF of his father, he cannot create a separate or simulataneous HUF as desired so no further questions arise.

Adv. karinamishra (-) 08 March 2010

sir it is possible for you then reply to my question about pension.

A V Vishal (Advocate) 08 March 2010

The most frequently asked question about HUF is: How does it come into being? To form an HUF, all you have to do is Get Married. The HUF gets created as soon as you complete the seven (or four,whatever) circles round the holy fire and become Man and Wife.

There have to be a minimum of two people to constitute a family. The husband and wife together make up a family. They don't have to wait till they have a baby to constitute their HUF.

Someone asked "Can an unmarried man create an HUF?" No, he cannot,if you mean an HUF of which he seeks to be the Karta himself. He can very well be the member of the HUF of his father or grandfather, but to create his own HUF he has to wait till he ties the nuptials.Come to think of it, "Creation of an HUF" is an oxymoron—-acontradiction in terms. Only orphan-and-unmarried Hindus don'tbelong to an HUF. Every Hindu becomes a member of an HUF the moment she ejects out of her mother's womb, mode of delivery--C-section or Normal--notwithstanding.

Till the time the HUF has an empty kitty,it is like a balloon that no one has yet blown air into. A balloon can rightfully be called a "ball"oon only when it swells up with air inside it. Without the air the balloon is inert,dormant. An HUF too is inert and dormant without funds.

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A V Vishal (Advocate) 08 March 2010

Originally posted by :A V Vishal

The most frequently asked question about HUF is: How does it come into being? To form an HUF, all you have to do is Get Married. The HUF gets created as soon as you complete the seven circles round the holy fire and become Man and Wife.

There have to be a minimum of two people to constitute a family. The husband and wife together make up a family. They don't have to wait till they have a baby to constitute their HUF.

"Can an unmarried man create an HUF?" No, he cannot,if you mean an HUF of which he seeks to be the Karta himself. He can very well be the member of the HUF of his father or grandfather, but to create his own HUF he has to wait till he ties the nuptials.

Till the time the HUF has an empty kitty,it is like a balloon that no one has yet blown air into. A balloon can rightfully be called a "ball"oon only when it swells up with air inside it. Without the air the balloon is inert,dormant. An HUF too is inert and dormant without funds.

G. ARAVINTHAN (Legal Consultant / Solicitor) 08 March 2010

Only one HUF is possible as per Hindu Law. One cannot be a member of two HUF

Rani mangal (Secretary) 08 March 2010

Dear Raj & Aravinthan,

My Son is a member of HUF of my Husband named as ABC HUF. Now he gets married. Can he not creat a HUF of his own named as PQR HUF of which he will be Karta alongwith his wife and he is still a member of my husband's HUF.

To my mind he can do so.

I will appreciate if you can highlight such provisions under the Hindu Laws.