Can a divorcee(female) form an HUF alongwith her 2 sons??
If Karta is Her Elder son.. then yes.. Cuz I have read that Karta must be male...
Yes, but the Karta will be Major Son
Well according to me the answer should be NO .
Anuj
| Originally posted by : CA. Anuj Gupta | ||
![]() |
Well according to me the answer should be NO . |
![]() |
Why sir???
According to me now Karta need not be a Male..because according to new provisions all female HUF is also possible..but this is in the case of an existing HUF where suppose the male karta dies and there is no other male member.
However, i'm not sure about starting an HUF without a husband..still require clarification on this issue.
| Originally posted by : CA. Anuj Gupta | ||
![]() |
Well according to me the answer should be NO . Anuj |
![]() |
sir can u please explain in brief on this issue ?
Can a female also be a karta of HUF. My father was the karta of our HUF. Now he is no more. Can my mother become the karta?
Anagha Deshpande
Yes, a female can become a karta, but only when the male members are minors or are not in a position to manage the affairs and give a declaration to that effect and seek the permission of the Department to allow the female to manage. Champa Kumari Singhi v Revenue (1962) 46ITR81 (Cal).
Moreover, when an existing HUF is reduced to only female members, it can still continue as an HUF with one of the females as a karta. This is in view of the existence of the potential coparcenary as any widow may, in future, induct a coparcener into the family by adoption. CIT v RM AR AR Veerappa Chettiar (’70) 76ITR467 (SC).
my simple question is that HUF stands for Hindu Undivided Family, whether can we call this situation as an HUF.Here whether there will be two HUF's if the husband keeps one child.
My understanding of law is that there should be an undivided family and if after the divorce the family doesn't remain undivided then how can you form an HUF.
Anuj
Your are not logged in . Please login to post replies
Click here to Login / Register
KK & Company Chartered Accountant
Pune
CA Inter
View Details
Hema Yashwanth & Associates
Chennai
B.Com
View Details
CCI
Pro
India's largest network for
finance professionals