02 April 2013
He cannot bifurcate the HUF as one with wife and other with sons. However, if his father is still alive he can be a member of his fathers HUF and his own HUF
02 April 2013
dear Anand i want to know if say Mr .X on marriage forms a HUF with only her wife as a member ,later on can he again form a new HUF only with his sons as a member,still continuing the previous HUF ??
04 April 2013
Dear Rajesh In my view, the sons will become a part of the HUF with wife. More than Income Tax, this is an issue of Hindu Succession Act.I do not think the sons will be considered to be a separate family as such.
20 April 2013
what if during a family partition of a huf 1 ) property no 1 is distributed to father and son no.1 2 ) property no 2 is distributed to father and son no 2 3 ) property no 3 is distributed to father and mother
in such a situation each property division can be the cause of formation of a HUF as per the Hindu Succession Act
21 May 2013
To understand your question it is important to understand what is HUF. There are two schools of HUF. One is Dayabha and the other is Mitakshara. In Dayabhaga the members of HUF cannot file the returns after death of father which means the ownership of father's property is distributed to all the members. In case of Mitakshara Hindu Law the member of HUF gets the right of partition from the date of birth. Now, HUF is of the father where the other members like sons, wife or daughters are the members. This means one person can have only one HUF in addition to his fathers HUF as one of the claimant but he cannot have one HUF with wife and another HUF with his son. If you have seen some one with 2 HUFs then it is not correct.
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