huf wídσw
This query is : Resolved
17 January 2017
Is it possible for a Widow, with one major son one married daughter and one unmarried major daughter to form a Huf
24 January 2017
please help me in this regard
28 July 2024
Yes, a widow can indeed form an HUF (Hindu Undivided Family) with her major son, married daughter, and unmarried major daughter. Here’s a detailed explanation of how this can be done and the relevant considerations:
### **1. Formation of HUF**
**1.1 **Eligibility for Formation:**
- **Widow as Karta:** The widow can form an HUF, but traditionally, the role of Karta is occupied by a male member. However, if no male member is available, the widow can act as the Karta or manager of the HUF. Modern practices often allow female members to manage HUFs in the absence of a male Karta.
- **Members of the HUF:** The HUF can include:
- The widow (as the Karta or manager).
- Her major son (who will be a coparcener).
- Her married daughter and unmarried major daughter (who will be members of the HUF but not coparceners).
**1.2 **Legal Basis:**
- **HUF Structure:** An HUF consists of a Karta and coparceners. In the absence of a male Karta, the widow can take on the role of managing the HUF’s affairs. The coparceners in an HUF typically include the sons and grandsons of the Karta, but daughters can also be part of the HUF if they are part of the family unit.
### **2. Procedure for Forming an HUF**
**2.1 **Drafting the Deed:**
- **Deed of Declaration:** Prepare a deed of declaration for forming the HUF. This deed will outline the formation of the HUF, the members involved, and the role of the Karta.
**2.2 **Obtaining PAN Card:**
- **Apply for PAN:** Apply for a PAN card for the HUF using Form 49A. The PAN application will require:
- The name of the HUF.
- The name of the Karta (widow in this case) and other members.
- Proof of identity and address of the Karta.
- A copy of the deed of declaration.
**2.3 **Opening a Bank Account:**
- **Bank Account:** Open a bank account in the name of the HUF. The bank will require the PAN card for the HUF, the deed of declaration, and identity proof of the Karta and members.
### **3. Role of the Widow and Family Members**
**3.1 **Role of Widow:**
- **As Karta:** In the absence of a male Karta, the widow can act as the Karta or manager of the HUF. She will handle the financial affairs and management of the HUF.
- **As Manager:** In practical terms, she will manage the HUF’s assets, investments, and financial decisions.
**3.2 **Role of Major Son:**
- **Coparcener:** The major son will be a coparcener, meaning he has an equal right to the HUF's assets and can be involved in its management and decision-making.
**3.3 **Role of Married and Unmarried Daughters:**
- **Members but Not Coparceners:** The married daughter and unmarried major daughter will be members of the HUF but not coparceners. Their rights are different compared to coparceners. They have a share in the HUF’s assets but do not have the same level of involvement in the management.
### **4. Important Considerations**
**4.1 **Legal and Tax Compliance:**
- **Legal Documentation:** Ensure that all documentation is properly prepared and executed to avoid legal complications.
- **Tax Compliance:** The HUF will need to comply with income tax regulations, file returns, and manage its finances according to the rules applicable to HUFs.
**4.2 **Consult Professionals:**
- **Legal and Tax Advice:** It’s advisable to consult with a legal advisor or chartered accountant to ensure proper formation, compliance, and management of the HUF.
### **Summary**
Yes, a widow with a major son, a married daughter, and an unmarried major daughter can form an HUF. The widow can act as the Karta or manager, while the son will be a coparcener and the daughters will be members. Ensure that the formation, documentation, and compliance are handled properly with professional guidance.
### **1. Formation of HUF**
**1.1 **Eligibility for Formation:**
- **Widow as Karta:** The widow can form an HUF, but traditionally, the role of Karta is occupied by a male member. However, if no male member is available, the widow can act as the Karta or manager of the HUF. Modern practices often allow female members to manage HUFs in the absence of a male Karta.
- **Members of the HUF:** The HUF can include:
- The widow (as the Karta or manager).
- Her major son (who will be a coparcener).
- Her married daughter and unmarried major daughter (who will be members of the HUF but not coparceners).
**1.2 **Legal Basis:**
- **HUF Structure:** An HUF consists of a Karta and coparceners. In the absence of a male Karta, the widow can take on the role of managing the HUF’s affairs. The coparceners in an HUF typically include the sons and grandsons of the Karta, but daughters can also be part of the HUF if they are part of the family unit.
### **2. Procedure for Forming an HUF**
**2.1 **Drafting the Deed:**
- **Deed of Declaration:** Prepare a deed of declaration for forming the HUF. This deed will outline the formation of the HUF, the members involved, and the role of the Karta.
**2.2 **Obtaining PAN Card:**
- **Apply for PAN:** Apply for a PAN card for the HUF using Form 49A. The PAN application will require:
- The name of the HUF.
- The name of the Karta (widow in this case) and other members.
- Proof of identity and address of the Karta.
- A copy of the deed of declaration.
**2.3 **Opening a Bank Account:**
- **Bank Account:** Open a bank account in the name of the HUF. The bank will require the PAN card for the HUF, the deed of declaration, and identity proof of the Karta and members.
### **3. Role of the Widow and Family Members**
**3.1 **Role of Widow:**
- **As Karta:** In the absence of a male Karta, the widow can act as the Karta or manager of the HUF. She will handle the financial affairs and management of the HUF.
- **As Manager:** In practical terms, she will manage the HUF’s assets, investments, and financial decisions.
**3.2 **Role of Major Son:**
- **Coparcener:** The major son will be a coparcener, meaning he has an equal right to the HUF's assets and can be involved in its management and decision-making.
**3.3 **Role of Married and Unmarried Daughters:**
- **Members but Not Coparceners:** The married daughter and unmarried major daughter will be members of the HUF but not coparceners. Their rights are different compared to coparceners. They have a share in the HUF’s assets but do not have the same level of involvement in the management.
### **4. Important Considerations**
**4.1 **Legal and Tax Compliance:**
- **Legal Documentation:** Ensure that all documentation is properly prepared and executed to avoid legal complications.
- **Tax Compliance:** The HUF will need to comply with income tax regulations, file returns, and manage its finances according to the rules applicable to HUFs.
**4.2 **Consult Professionals:**
- **Legal and Tax Advice:** It’s advisable to consult with a legal advisor or chartered accountant to ensure proper formation, compliance, and management of the HUF.
### **Summary**
Yes, a widow with a major son, a married daughter, and an unmarried major daughter can form an HUF. The widow can act as the Karta or manager, while the son will be a coparcener and the daughters will be members. Ensure that the formation, documentation, and compliance are handled properly with professional guidance.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Transport service POS
- GST Registration Application -Rejected
- To Whom the Invoice should be Raise to
- GSTR 9C- Table 9
- E INVOICE, E-WAY, INVOICE
- INCOME TAX NOTICE QUESTION
- Query on solved queries
- Whether to file ITC 03 for downward GST rate revision - Reg.
- Sale Proceed of Urban Agri. Land received in Advance in FY 24-25 but Registry is made in next year
- Need Converson process of CA Propreiotary firm to CA Partnership Firm
- Capital gain on sale of resident house by non-resident Indian
- Regarding claiming exemption under section 54ec
- EXCESS CREDIT REALTED GST REVERSAL
- Export invoice not reported
- CA Articleship Extension Matter
- GST OFFICER WRONG NOTICE
- "Please ensure that the Total of the Deductions u/s 54F match the same in Table D in Sch CG"
- Composition Dealer GST Annual Return Filing process
- Revision under Section 264 in The Income Tax Act, 1961
- TDS under section 195.
Trending Online Classes
-
Live Course on GSTR 9 & 9C for FY 24-25(Detailed discussions, FAQ, Case studies and Live demo of GSTR 9/9C on GST Portal)
Industry Expert16 November 2025
CAclubindia
