Huf --- diff bet co-parncers & members
pooja dedhia
(Querist) 15 August 2012
This query is : Resolved
how to determine the shares of co-parncers of huf when the huf is in existence as well as at the time of the dissolution?
what is the diff bet co-parncers bet members of the HUF?
who will decide the share of the co-parncers of huf? is he karta or by law operation?
can huf entered into agreement & become the partner of partnership businees? if yes, how can other partners of the firm act with the karta & its family member of the huf.??
can karta on behalf of the huf ,decide the way how to distribute the property belong to huf?
kuldeep kumar
(Expert) 16 August 2012
huf is dif than cop.diference is of 3 generation unless one is excluded thrfrom in cop.but now all r equal so no dif btwn huf & cop execept the mother.
Trivedi Advocate
(Expert) 16 August 2012
Dear Pooja,
Yes, the HUF can be partitioned.
This is actually a division of property where the share of each member is determined.
Any coparcener can enforce the partition of the HUF and then the share will be divided between:
~Â All coparceners ~Â A son in the womb of his mother at the time of partition ~Â Mother (gets an equal share if there is a partition between the sons and her husband has passed away) ~Â Wife (gets a share equal to that of a son at the time of partition between father and sons)
Income tax act does not recognize partial partition. So there should be complete partition of HUF.
The basic diffence between Co-parceners and Members are:-
1) Coparceners:- This is what all the male members are referred to as.
A Hindu coparcenary includes the sons, grandsons and great-grandsons of the holder of the joint family property. By virtue of their birth, they acquire an interest in the property.
2)Members:- The female members are simply called members
Answer of your third question is:-
Operation of law will decide the share of the co-parncers of HUF.
Answer of fourth question is:-
Partnership is the result of an agreement or act of parties. HUF is created by the operation of law.
Answer of last question is:-
Karta can be suggested the way of distribution the property belong to HUF.
Anirudh
(Expert) 16 August 2012
Dear Pooja,
I really appreciate that even though you are only a Student, still you evince lot of interest in various topics - and that too beyond your syllabus.
M V Gupta
(Expert) 16 August 2012
After the passing of the Hindu Succession (Amendment) Act, 2005 even female members are conferred with the status of coparceners of HUF. They can now demand partition of the HUF properties even if the Male members do not want. Only exception to this right of females is that they cannot force partition of the family house in which the male members are residing. As regards joining partnership firm, Karta of the family can enter into partnership on behalf of the HUF.
kuldeep kumar
(Expert) 16 August 2012
mother can neither be cop nor karta.........one more thing mother can neither force for partition..................
i think query is now finished.
some expert dont ans academic queries when a man ask but when its fem asking then i have seen...may be i m wrong...all jumped into it..
always be impartial.........
dont get provoked 4 gods sake..
M V Gupta
(Expert) 17 August 2012
Thank u Mr. Trivedi for appreciating the views expressed by me. As regards the remarks made by Mr. Kuldeep Kumar while I agree that mother cannot be Kartha of HUF, there are some judicial pronouncements holding that when the next male member available in the family after the dearth of Kartha is minor, the mother can represent the MInor as Kartha and deal with the HUF estate for the benefit of the family or family necessities, until the minor attains majority.
As regards the grievance expressed by Mr. Kumar regarding answering academic queries, I for one feel that we should not avoid answering such queries as many would like to know the law and its implications after reading some thing about the issue in the news papers or otherwise etc. Further this being an interactive platform a discussion on academic issues raised would be advantageous for every one. After all no one can claim that he knows every thing in the field of law.
JANAK RAJ VATSA
(Expert) 17 August 2012
endorse the views expressed by ld sh guptaji
kuldeep kumar
(Expert) 18 August 2012
jack of trade but trade is master of none......we pathetically hear all queries be it by women or men.thanks me mv gupta for raising concerns.in the 21ts century everbody has not only a right to speak but ask.I HAVE NEVER SEEEN LCI COMMENTING OVER WHY ACADEMIC ITS ONLY FEW ONES WHO CONSIDER THEMSELVES HARISH SALVE N R DOING INJUSTICE.BHAI ACADEMIC QUERY SOLVE KARKE HAM APNE PROFESSION KO HI TO OR AAGE LE JARE H.GOVT WILL PAY MORE ATTENTION THIS WAY TOWARDS LEGAL EDUCATION.RECENTLY I WAS SHOCKED TO HEAR AN INTERVIEW OF MR DALVIR BHANDARI ON LOK SABHA TV THAT GOVT ALLOCATES VERY MEAGRE AMOUNT OF BUDGET FOR RAISING QUALITY OF LEGAL EDUCATION.HE SAID JUST 1 CENT.
ITS TIME TO RAISE LEGAL STANDARDS HIGH.
IN BIG FAMOUS LAW INSTITUES EVEN RETD JUDGES ANSWER ACADEMIC QUERIES AND WE HERE SOME ONLY OF WHICH OBJECT TO IT.
TIME FOR CHANGE....................
SUD BE TREATED PERSONAL VIEWS OF MINE NOT TARGETTED ON ANYBODY..........
kuldeep kumar
(Expert) 18 August 2012
thanks to all academic queries....
pooja dedhia
(Querist) 18 August 2012
dear Anirudh sir,
thank you for appreciate my interest....
I am very grateful to all my guider who guide me time to time..................
prabhakar singh
(Expert) 18 August 2012
But invariably your queries are found not based on facts.
pooja dedhia
(Querist) 26 June 2014
is femal member known as the now co-parncers or Members after amemndement in the succession of Hindu laws ?
M V Gupta
(Expert) 26 June 2014
She is coparcener- on equal footing as son.
