Huf bank a/c operation post demise of karta


Kamal Bhojwani   19 June 2019

Kamal Bhojwani

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Hi, 

My father has created a HUF deed with him being a Karta,  and my mother and myself (adult son) as coparcener. However, while opening the Bank A/c he just mentioned my mother as a coparcener since I was not physically available for signatures.

Post my father's death, how can that Bank A/c be operated. Can my name be added now as a coparcener/Karta in that Bank A/c. Can I open a new Bank A/c with the same HUF name?

Thanks

Kamal

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Dhirajlal Rambhia (KVO Merau Kutchh)     19 June 2019

Dhirajlal Rambhia
KVO Merau Kutchh 
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Yes to both.

Give a declaration  as new Karta being yourself.

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Kamal Bhojwani   19 June 2019

Kamal Bhojwani

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Thanks sir...but if the bank refuses to both options (already checked with few banks).what remedy I have. They checked with their legal dept and they said its not possible.

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Dhirajlal Rambhia (KVO Merau Kutchh)     20 June 2019

Dhirajlal Rambhia
KVO Merau Kutchh 
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This is the practical difficulty with few banks, for HUF account/s.

The bank should not have accepted the HUF deed when you were not presentable, though your name existed in original deed. Now they will not change their stand based on the declaration given to them by your father, as that opens up their mistake. That is understandable.

But with fresh approach with revised HUF deed as on date being you as new Karta, you will be able to open the account, though many banks hesitate to such formality, specifically private banks; but one out in five nationalized banks would entertain that.


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