Huf

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CA.rajni kalsariya (Querist)
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07 March 2012 In a HUF there has 5 member 1)father 2)mother 3)two brother 4)one sister. they want to partition.my question is that mother is eligeble to claim share like another person.

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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07 March 2012 No the mother is not eligible for a share in the partition.

CS, Deepak Pratap Singh

CS, Deepak Pratap Singh (Expert)
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07 March 2012 Dear Friend,

The HUF is governed by Hindu Sucession Act and not Income Tax Act,1961. The two things are very important to understand in case of HUF;
Coparcener is someone who has the right to demand the share of the property of family;
Coparceners are generally the Karta (Main decision maker of family, usually the Father , but
Manmohan Singh had brought an amendement which stated that Females can
become Karta & there can be an all female HUF as well), then sons & daughters, grandsons
and great grandsons in order of their first right. Wife of the Karta is not a coparcener or even
spouse are not coparceners and hence can’t demand/ ask for any share in HUF, they are just
merely members of HUF.

Thanks

Message likes : 1 times

CA.rajni kalsariya

CA.rajni kalsariya (Querist)
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07 March 2012 Dear friend deepak,
i want to know that mother is eligeble for share or not. my question is not mother is eligeble for claim partition or not. please replay me ergently.

Mihir Doshi

Mihir Doshi (Expert)
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07 March 2012 Agree with expert.
Very well explained by Mr. Deepak ji.

Thanks
Mihir Doshi

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