Huf

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CA.rajni kalsariya (Querist)
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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.

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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07 March 2012 No the mother is not eligible for a share in the partition.

CS, Deepak Pratap Singh

CS, Deepak Pratap Singh (Expert)
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07 March 2012 Dear Friend,

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.

Thanks

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CA.rajni kalsariya

CA.rajni kalsariya (Querist)
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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.