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adi   23 March 2025

H.u.f father deceased

Case study

My father had created huf in 1990 and filed ITR every year. He has 2 sons , I am the eldest son. My mother is alive.

 

Father died in 2012. I and my brother were not married. In 2013 I became karta. Bank I sign cheques and ITR return filing I do signature. Huf is still on father name.

I am not aware if we have transferred all his assets and liabilities ( only cash/bank/ unsecured loans are there in huf , there is no property in huf)

I got married in 2019.

My brother got married in 2020. He opened his new huf account.

Query

1) can mother become karta of father's huf now ?

 

2) can I open a new huf on my name (I married in 2019 and have no kids ) 

3) if I can open my own huf , can I continue with father's huf as well ? And file returns for both accounts ?

4) if I can open my own new huf account, but I can not continue with father's huf account , then what happens to father's huf account ? 

Thank you in anticipation.

 

 



 2 Replies

Dr. J C Vashista (Advocate )     23 March 2025

Q1. can mother become karta of father's huf now ?  

Ans: Yes, she can be Karta of HUF

Q 2) can I open a new huf on my name (I married in 2019 and have no kids )

Ans: No. Being a member of an existing HUF you cannot start another HUF 

Q3) if I can open my own huf , can I continue with father's huf as well ? And file returns for both accounts ?  and

Q 4) if I can open my own new huf account, but I can not continue with father's huf account , then what happens to father's huf account ? 

Ans: Already replied hereinabove.

 

T. Kalaiselvan, Advocate (Advocate)     23 March 2025

1. Your mother cannot become a Karta now especially when you are already a Karta.

2. You can open a new HUF in parallel.

3. You are a Karta to your father's HUF, your brother is a coparcener, if you both agree you can dissolve that or can continue it 

 


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