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HUF after Divorce

14 October 2021

Respected Members,

one of my client is divorcee, he has also having HUF Deed, after dovirce Karta of HUF and his son want to continue HUF. Please guide me whether it is possible or not ?

if Possible, please provide me HUF deed format to continue HUF for Karta and his son and release of his wife.

Thanking you.

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1 Replies

Janak Shah (ca) (603 Points)
Replied 17 October 2021

Yes. It will be possible to continue HUF as the basic nature of HUF is derived from Hindu Succession Law whereby HUF is an entity to hold joint family property.

In case of divorce, the family still continues to hold good in law without the wife. In such cases a supplementary deed is to be attached to the main deed of HUF stating the name of coparceners.
Release deed can be made to show exit of the wife from family but it is not mandatory as after the divorce she won't be recognized as member of family as per law.