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Huf creation

06 April 2016

Hi frndz... Please help me out on this topic:-

My client wants to create huf, But he doesnt want to make his sons as coparcener. He only want to include his daughter in laws and grand sons & grand daughter.

Is it possible to create HUF in the above case?

Please reply asap.

Thanks in advance.

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4 Replies

Sandeep Sankaran (Chartered Accountant) (128 Points)
Replied 06 April 2016

Nobody can add a coparcener to HUF. A person becomes a coparcener by birth. Hence the person does not have choice to remove his son from HUF. In case of daughter in law she becomes a member of HUF on marriage with his son grand children become members by birth.

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raghavan (self) (611 Points)
Replied 07 April 2016

Agreed with sandeep sankaran.all the best

CA PuRvI M!$rA (-) (2260 Points)
Replied 07 April 2016

Thanks Sandeep.

One more point:- whether he can add this clause in HUF deed that after karta's expiry the owner of the HUF property will be his grand son not his own son.

Sandeep Sankaran (Chartered Accountant) (128 Points)
Replied 07 April 2016

Property of HUF if undivided. Hence the name Hindu undivided family. In order to transfer the property, partition has to be done. In case of death of kartha, next eldest male member will automatically become kartha of HUF.