07 March 2012
In a HUF there has 5 member 1)father 2)mother 3)two brother 4)one sister. they want to partition.my question is that mother is eligeble to claim share like another person.
The HUF is governed by Hindu Sucession Act and not Income Tax Act,1961. The two things are very important to understand in case of HUF; Coparcener is someone who has the right to demand the share of the property of family; Coparceners are generally the Karta (Main decision maker of family, usually the Father , but Manmohan Singh had brought an amendement which stated that Females can become Karta & there can be an all female HUF as well), then sons & daughters, grandsons and great grandsons in order of their first right. Wife of the Karta is not a coparcener or even spouse are not coparceners and hence can’t demand/ ask for any share in HUF, they are just merely members of HUF.
07 March 2012
Dear friend deepak, i want to know that mother is eligeble for share or not. my question is not mother is eligeble for claim partition or not. please replay me ergently.
CAclubindia
