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Change of karta in huf (Income Tax)

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This query is : Resolved

( Author )
09 August 2011

hi sir
in huf can it is possible we change karta to me,because my brother is not available every time, who is karta of huf after death of our father.

CA. Anoop Gadia

( Expert )
10 August 2011

after death of father elder brother should be karta. but you want to be karta than required a stamped backed document (memorandum of understanding b/w you and your brother.)

CA Manish Agrawal

( Expert )
10 August 2011

plz read carefully : if Dashrath prasad (Father) have 2 sons RAMKUMAR & LaxmanPrasad.. Than you may raise 2 HUF by Full Partition of Your Bigger(Parent) HUF.(Partial Partion is Not Allowed since more Than 2 Decades)
1. Dashrath Prasad Ram Kumar (HUF) - Karta RamKumar
2. Dashrath Prasad LaxmanPrasad (HUF) - Karta LaxmanPrasad
IF You do not want to Partition your HUF still you may change your karta by making a Memorandum of Understanding stating that all members of your HUF have passed resolution to Change their Karta from Old one to You. Noterize it before atleast Notary Public and file a form 49A for Change in PAN Card from Effective Date.
have a revised PAN Card. If you have IEC Code/VAT TIN No / ECC No etc. then you have to file said stamped Documents with necessary Other Documents with Concerned Departments...

C A S.S.Agarwal, M.Com.,LL.B,

( Expert )
10 August 2011

I agree with the experts partly. As per Hindu succession act the karta can only be the eldest son and only after his death the next brother can be the karts of his father's HUF



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