LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Madhu Mittal (Director)     18 January 2020

Whether a person can be karta of two hufs when all members a

Whether a person can be Karta of two Hufs when all members are same?

There is one(Ist)  Huf coparceners being Karta  named K,  k’s wife B, K’s son N,  K’s daughter  in law M,  This Ist Huf was made in 1990. N’s  son J,  N’s another  son L became coparceners when they born in family in 1992,1993 respectively. K’s wife B died in 1994.

Simultaneously, There is another (2nd  or smaller) HUf at the same time Karta being N (son of K), coparceners N's wife M, N's son J and N's another son L. This (2nd) HUf  was made in 1994.

Karta of  Ist Huf  i.e K died.

Can N being his only son can become Karta of  Ist Huf, while keeping him Karta of 2nd Huf ?

or Ist Huf is to be desolved as all the members of both Huf being same ?

something important are written at below mentioned thread are confusing or not clear:

1. https://www.caclubindia.com/forum/huf-and-smaller-huf-186543.asp

Now coming to the second part of the question,  in my opinion, if the Mother dies, then the Bigger HUF comes to an end and only the Smaller HUF would remain (As all the remaining members of the Bigger HUF & Smaller HUF are the same)
2.  https://www.onemint.com/2012/tax/introduction-to-hufs/comment-page-1/

Hi Nikhil… An individual can become the Karta of two different HUFs. In this case, the elder son will become the Karta of his father’s HUF and will continue to remain so as long as his mother is alive. At the same time, he will continue to remain the Karta of his own HUF. The original HUF will have to be dissolved once the mother is not there.

3. https://www.caclubindia.com/experts/death-of-karta-of-huf-174821.asp

HUF is dissolved only on the partition of property between the members. Please note partly partition of HUF is not approved under this ACT, Partition means full partition.

4. https://www.financialexpress.com/archive/a-huf-account-can-also-be-closed-after-dissolving-the-huf/482112/

…..You have perhaps not understood the bank correctly. An HUF never dies. 

5. https://www.kaanoon.com/7315/dissolution-of-huf

…If father & mother dies than the minor child will be the karta of HUF.

…HUF ceases to exist when any of the following event occurs : 6. When does an HUF cease to exist ? - On total partition of HUF, - There is left only one member in HUF due to death of other member/s or for any other reason.

6. https://www.caclubindia.com/forum/details.asp?mod_id=129702&offset=1

…..untill any of the member is alive in HUF family the HUF can run/continue, 

I have posted this at threat https://www.lawyersclubindia.com/experts/A-person-be-karta-of-two-hufs-when-all-members-are-same--716001.asp also, as some persons are not designated yet as an expert.



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register