Rahul (CA) (43 Points)
13 June 2010dear all,
Can a mother and Child (male) can form a HUF (note :- there is no male Father in the question ) (kindly be specific and also provide the reference to any provision or case laws where the above case is involved ) ( What i am aware is that there has to be 1 male member to form HUF )
regards,
Venkateswara Rao Sapare
(Accountant)
(1500 Points)
Replied 13 June 2010
Dear Friend,
“Can a mother and Child (male) can form a HUF?”
My answer is YES. As there is no major male member in the case, and other male member is a minor, a female ( the said mother) can become a KARTA. To this extent, it is expected to give a declaration that none is in a position to manage the affairs, and approach the concerned department to allow the female to manage the said HUF.
Case, wherein you may find some point, is Champa Kumari Singhi v Revenue (1962) 46ITR81 (
From : Venkateswara Rao Sapare
Kalpesh Chauhan,
(Tax Assistant (Accounting Technician CA FINAL CS PROF. PROG. B.Com))
(8311 Points)
Replied 13 June 2010
Agree with Mr. Venkateshwara Rao.
kumarsatish022
(Professional)
(165 Points)
Replied 13 June 2010
well after amendments in law now women can also be a coparcener i.e. demand partition
Bhavik Davda
(Proprietor)
(238 Points)
Replied 14 June 2010
To the be of my knowledge, A HUF can be succedded by mother and son but a new HUF can not be formed with this individuals. Lets have view of other friends also.
Rani Mangal
(Secretary)
(41 Points)
Replied 14 June 2010
I agree with views of V. Rao and Kalpesh.
Now I have another question.
Is it necessary for the eldest son to become Karta of father's HUF after death of father?.
In case eldest son does not want to become Karta, whether youngst son can take charge to look after father's HUF as Karta for all practical purposes?
Pl. give some case laws etc. on this issue.
Thanks
sasirababuk
(none)
(51 Points)
Replied 21 June 2010
Agrees with mr. Rao. In the absence of a senior male member ,the next senior female member should be made the karta of an HUF. If there is no such provision it should be done. similarly HUF's are not eligible to subscribe to senior citizen savings plan 2004, and post office mip's. Is this justifiable?.
CAclubindia
