25 April 2014
can one member be the
member in 2 HUF?
eg. a father has a member in grandparents HUF and also he has his own HUF consisting of his children.
25 April 2014
Think generally, it is not possible as per my view, to give better clarification i preferring to explain you facts why it is not possible through the following example than theoretical explanation.
Example: If Mr.A is married and has three sons Mr.B and Mr.C those are married and each one has children Mr.D,Kum.E,Kum.F and Mr.G,Mr.H,Kum.I who are minors or not married.
Now Mr.A,Mrs.A,Mr.B,Mrs.B,Mr.C,Mrs.C and their children D,E,F,G,H,&I are one family members and leaving together in a single family. We know that the eldest male member is the head of the family and he is the Kartha of HUF. Assuming if Mr.Z is the father of Mr.A and leaving with Mr.A'S family then Mr.Z is the Karta of HUF instead of Mr.A. To get Mr.A as karta of HUF he should be married and should leave away from his parents or his grand(grand grand) fathers etc... means he should be elder in his family.
So Mr.A to get the membership in grandparents HUF then he should be live with his grandparents family; and to get Mr.A own HUF he should be live away from his parents or grand parents means should be have separate house to live and should be elder of his family.
So if Mr.A is member of Grandparents HUF means he living with his grand parents then how did he form separate house to live means staying with grand parents and living in separate house together is not possible(one man not in two places) then how on person can became member is two HUFs.
It is my logical view and not based on any case law etc.. and also i didn't know any case law about it or any provision or section to this regard, just based on the provisions of HUF and logical thinking i said the above, I may be wrong, so don't be depend fully on my answer think logic and shall wait for other experts reply for it i keeping it in open query.
Thinking you can understand my concept and view with my explanation.
02 October 2021
Basic of HUF is that a HUF can last upto 4 generations. I.e in Father HUf, his son, grandson & greatgrandson (includes daughters too) can be coparcener. So, a person can be member of maximum 4 HUFs ...
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