Creation of huf

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ashok bhurani (Querist)
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03 November 2014 HUF once created can be continued by widow after the death of husband.
My query is:
Can HUF be CREATED by widow after the death of husband i.e. is it possible to execute deed of HUF, open a bank account and apply for income tax PAN card

Amol S Joglekar

Amol S Joglekar (Expert)
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03 November 2014 CREATING HUF, per se is not an appropriate phrase. Although there are growing instances on the part of PROFESSIONALs to so called CREATE HUF, the same should NOT be encouraged. Taking your query in right perspective as....The HUF is in existence without bank account and PAN.....you may open the bank account as well as apply for PAN

ashok bhurani

ashok bhurani (Querist)
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04 November 2014 I don't know whether you understood my question or not. Since husband is no more and there is widow and a minor child, whether it is possible to execute the deed of creation of HUF in current date and apply for PAN card. If yes, then who will sign the deed of HUF and application for PAN Card

Amol S Joglekar

Amol S Joglekar (Expert)
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04 November 2014 Let me try to understand YOU. After the demise of husband, there is NO need to execute any DEED of CREATION of HUF, since HUF is already in existence. The death of the husband will in NO way change the status of HUF. The wife can act as KARTA of the said HUF.....(A small query....minor child is MALE or FEMALE?)

ashok bhurani

ashok bhurani (Querist)
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04 November 2014 Minor child is male (if I am not wrong even if the minor child is female she can have similar rights and obligations as that of male child after the amendment of Hindu Succession Act). But now it is not possible to apply for PAN card of HUF without deed of creation of HUF. So what to do

Amol S Joglekar

Amol S Joglekar (Expert)
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04 November 2014 HUF, we need to be very cautious. Most of the decisions of courts as reported in Income Tax and Wealth Tax are that of DAYABHAGA school of thought and not MITAKSHARA school of thought. In Dayabhaga school of thought female is KARTA, which is not so in MITAKSHARA school. Since in your case, the minor child is MALE, no any question of DOUBT as to whether or not the HUF will continue. (Enclose a deed of declaration by the widow for PAN application)

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