Legal heir- succession certificate & huf karta

Milind (Querist) 20 May 2017 This query is : Resolved
My father died recently. He is survived by his wife, son and daughter. He was the karta of the HUF. There are LIC policies/bonds etc in name of HUF

My query is as follows:

1. Can we first get a legal heir certificate from local revenue dept- which is accepted for filing returns etc. and AFTER that go for succession certificate thru civil court since this certificate takes lot of time. 1-2 months
If this is allowed i.e getting both certificates should the name of heir be same in both the applications ?

2 Does the name of legal heir/succession certificate have any impact on who becomes the HUF karta if it is decided to continue?
Is it possible that legal heir and NEW karta of the HUF be different persons?

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Guest (Expert) 20 May 2017
Your 1st question's Answer is -Yes.For 2nd Consult and discuss with a Local Good Senior Advocate Please With all the details

Rajendra K Goyal (Expert) 20 May 2017
You asked:
Can we first get a legal heir certificate from local revenue dept- which is accepted for filing returns etc. and AFTER that go for succession certificate thru civil court since this certificate takes lot of time. 1-2 months If this is allowed.

Reply: Yes you can.

Rajendra K Goyal (Expert) 20 May 2017
You asked:
Does the name of legal heir/succession certificate have any impact on who becomes the HUF karta if it is decided to continue?
Is it possible that legal heir and NEW karta of the HUF be different persons?

Reply:

Please discuss actual problem / state clear material facts, rather putting academic questions.

Guest (Expert) 20 May 2017
Agree with Expert

Guest (Expert) 20 May 2017
Agree with Mr.RK Goyal

Guest (Expert) 20 May 2017
Well Advised Please

Milind (Querist) 20 May 2017
Thank you all for the replies.
Regarding clarification of second part:

We siblings (myself and my sister) would like my mother to be the legal heir since most of my fathers bank accounts , shares,Mutual funds etc are in joint mode with mother so we want her to be legal heir. Also tax will be saved if she becomes legal heir since she she comes in lower tax slab as compared to any of us (sister or myself).

But since HUF is a different tax identity so anyone(myself or sister or mother) can be karta..taxes for HUF will be the same.
Hence the query.

Guest (Expert) 21 May 2017
Welcome Please

Rajendra K Goyal (Expert) 21 May 2017
What is the operation mode of joint Bank accounts?

If it is Either or survivor, Former / later or survivor your mother can withdraw the proceeds. Other LH can relinquish their rights.

Discuss the matter of Karta of HUF with local lawyer, a lot of information required to reach some conclusion.

However, A woman can be a Karta in HUF as per Delhi High Court Judgement in the case of Mrs. Sujata Sharma Vs. Manu Gupta (Judgement dated 22.12.2015). For details visit:

http://www.livelaw.in/women-can-be-karta-of-a-hindu-undivided-family-delhi-high-court-read-judgment/

Guest (Expert) 21 May 2017
Agree with Expert Mr.RK Goyal

Guest (Expert) 21 May 2017
Well Advised Please

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