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Discussion > Income Tax > Tax queries >

Huf

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Student


[ Scorecard : 46]
Posted On 04 February 2013 at 14:23 Report Abuse

Can a divorcee(female) form an HUF alongwith her 2 sons??


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Urvashi Saini
Difference between Peak Performers & everyone else is what "everyone else" thinks


[ Scorecard : 1478]
Posted On 04 February 2013 at 14:39

 If Karta is Her Elder son.. then yes.. Cuz I have read that Karta must  be male...





Dheeraj
Learner


[ Scorecard : 1075]
Posted On 04 February 2013 at 15:00

Yes, but the Karta will be Major Son




CA. Anuj Gupta
Practices in NRI Int.Tax FEMA TP FDI/FIPB & FCRA


[ Scorecard : 6798]
Posted On 04 February 2013 at 16:12

Well according to me the answer should be NO .

 

 

Anuj




Urvashi Saini
Difference between Peak Performers & everyone else is what "everyone else" thinks


[ Scorecard : 1478]
Posted On 04 February 2013 at 17:23

Originally posted by : CA. Anuj Gupta

Well according to me the answer should be NO .

 

Why sir???




Prathamesh P. Shende
Student


[ Scorecard : 46]
Posted On 08 February 2013 at 12:58

According to me now Karta need not be a Male..because according to new provisions all female HUF is also possible..but this is in the case of an existing HUF where suppose the male karta dies and there is no other male member.

However, i'm not sure about starting an HUF without a husband..still require clarification on this issue.




Prathamesh P. Shende
Student


[ Scorecard : 46]
Posted On 08 February 2013 at 13:00

Originally posted by : CA. Anuj Gupta

Well according to me the answer should be NO .

 

 

Anuj

sir can u please explain in brief on this issue ?




Member (Account Deleted)
Blogger


[ Scorecard : 711]
Posted On 08 February 2013 at 22:49

Can a female also be a karta of HUF. My father was the karta of our HUF. Now he is no more. Can my mother become the karta?
Anagha Deshpande

 

Yes, a female can become a karta, but only when the male members are minors or are not in a position to manage the affairs and give a declaration to that effect and seek the permission of the Department to allow the female to manage. Champa Kumari Singhi v Revenue (1962) 46ITR81 (Cal).

 

Moreover, when an existing HUF is reduced to only female members, it can still continue as an HUF with one of the females as a karta. This is in view of the existence of the potential coparcenary as any widow may, in future, induct a coparcener into the family by adoption. CIT v RM AR AR Veerappa Chettiar (’70) 76ITR467 (SC).




Abha gupta
student (cs final)


[ Scorecard : 185]
Posted On 09 February 2013 at 14:01

yes, she may form a HUF, but she will perform her duy tll their child become major......



CA. Anuj Gupta
Practices in NRI Int.Tax FEMA TP FDI/FIPB & FCRA


[ Scorecard : 6798]
Posted On 09 February 2013 at 21:09

my simple question is that HUF stands for Hindu Undivided Family, whether can we call this situation as an HUF.Here whether there will be two HUF's if the husband keeps one child.

My understanding of law is that there should be an undivided family and if after the divorce the family doesn't remain undivided then how can you form an HUF.

 

Anuj



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