patition and will
shrikant chavan
(Querist) 09 October 2009
This query is : Resolved
Can anybody help me to clear the concept fo hindu joint family.
In respect of ancestra proerty devolution by will and partition. What is the effect of the got married and made partition after and before amendment carried out 2005.
pls let me know the case laws relating to the same.
A V Vishal
(Expert) 09 October 2009
For starters, did you know the term 'Hindu Undivided Family' has not been defined under the Income Tax Act?
It is defined under the Hindu Law as a family that consists of all persons lineally descended from a common ancestor, including wives and unmarried daughters.
This means your membership into a HUF does not come from a contract but from your status.
A HUF cannot be formed by a group of people who do not constitute a family; lineal descendents with a common ancestor is a must.
Even though Jain and Sikh families are not governed by the Hindu law, they can still be treated as a HUF.
Sachin Bhatia
(Expert) 09 October 2009
Well explained by Mr. Vishal
adv. rajeev ( rajoo )
(Expert) 15 October 2009
The joint and undivided family is normal condition of Hundu society. An undivided Hindu family is ordianrily joint not only in estate but in food and worship.This presumtion therefore is that the members of Hindu family are living in state of union, unless the contrary is established. This is not applicable when one of the coparceners was admittedly separate from the other member of the family.
Hindu joint family means: An undvidided hindu family is known as hindu joint family.
After the amendment married daughters of hindu undivided family are entittle to equal share in the ancestral properties, if there is any partition prior to the amendment that should be regd.,and partition was acted upon then married daughters will have no shares if the partition deed is not regd., then they will have a share.
