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FAQ ON HUF.........

Page no : 2

B.S.Arora (N/A) (45 Points)
Replied 10 October 2010

Dear Sir,

   It is extremely well researched & explained write up in Q & A form. Well done, sir. I have few questions---

   Father B inherited his share of  ancestral agriculture land from his father A after demise of A. B has 3 sons C, D & E.  After some years B expired. My Questions are--

Q1. Will this ancestral inherited agriculture  land be considered as HUF property ?

Q2. Can B by a WILL bequeath a bigger share  to one son and lesser shares to other sons ?

Q3. As per my knowledge, a WILL has no locus standii in case of inherited ancestral property i.e. this property cannot be willed under law and has to be distributed as per Hindu Succession Act 1956 as per Mitakshra Scool of Law. Am I right ?

Q4. As per my knowledge, all sons ( and now even unmarried  daughters and daughters who got married after 1956 ) have equal shares in this property. Is this correct ? Can those daughters who got married before 1956, demand a share in this property ?

Q5. B had no other income except agriculture income from this property. Out of this Agr Income, he purchased a plot of residential land. I read a Supreme Court judgement  in HT some  years ago that any property bought purely with income from inherited property is also de facto inherited property and is to be divided as per HSA 1956. Am I right ? Can this plot be bequeathed by B to a particular son ?

      I  had posed these questions to a legal luminary but could not get satisfactory replies. I shal be grateful, if you can clarify these with citations as applicabel & Sections of HSA where aplicabe.

      With best regards,

B.S.Arora 

B.S.Arora (N/A) (45 Points)
Replied 10 October 2010

Dear Sir,

   Please refer to my Questions raised earlier.

   I have one more question. C relinquished his share to D about 7 yrs ago. C has a son F.  F says that he has a share in the ancestral inherited  property left by his Grand Father B and  relinquished y his father C to his uncle ( chacha ) D. The Question is ......

   Can F claim his share ( as per HSA 1956 ) now through a court of law ?????

 

B.S. Arora

balaji (article) (21 Points)
Replied 19 October 2010

If an Mr. X at age of 65 years applied for PAN for HUF and got the PAN in the name "X-HUF". In an accident, X and his son Y dies and Z(grandson of "X" - 20 YEARS)  becomes karta of HUF. can he continue to use the PAN of "X-HUF"?

CA Himanshu Bansal (Risk Manager) (2345 Points)
Replied 19 October 2010

Informative Post Sanjay Sir.. But unable to bookmark the thread..

Abhinav Bafna (CA Final Student) (21 Points)
Replied 05 December 2010

Sir is it really possible for a Male member to create a new HUF while the senior most male member is still alive...doesnt he (the Father of the male Member) become the Karta of the HUF automatically???

and if i`m wrong..please tell me where it is mentioned in the Income Tax Act, 1961 for my future reference..

Somesh Rathi (Manager) (21 Points)
Replied 04 September 2011

please advice how to purchase a plot from HUF funds and in whose name it is to got registerd either on M/s ---huf or in name of Karta itself.

sales@secubio.com (sales@secubio.com) (31 Points)
Replied 07 September 2011

Very nice information update!

thanks

Sarveena (-) (26 Points)
Replied 11 July 2012

Sir,

Can a HUF start business of providing consultancy serives.

--

Regards

Sarveena

CMA. CS. Sanjay Gupta ("PROUD TO BE AN INDIAN")   (114102 Points)
Replied 11 July 2012

Originally posted by : Sarveena

Sir,

Can a HUF start business of providing consultancy serives.

--

Regards

Sarveena

Yes it can.

Sarveena (-) (26 Points)
Replied 12 July 2012

Sir,

Is there any specific mention available is Service tax, regarding HUF providing taxable Services.

Kindly guide

--

Regards

Sarveena

vaibhavee (proprietor) (46 Points)
Replied 04 January 2017

can two or more HUF open a joint account in bank? 

SHRMONEY (solve legal finance problems - shrmoney@gmail.com)   (136 Points)
Replied 02 February 2017

There are other simple propblems in HUF.

A HUF is of male, wife and son.

 

Wif has separated with son , no legal divorce but where about not known.

 

what is the status of this HUF at the hands of male  karta.

Sanjay (manager) (22 Points)
Replied 26 July 2020

Very Helpful and informative. Thank you.

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