A person be karta of two hufs when all members are same
Madhu Mittal
(Querist) 18 January 2020
This query is : Resolved
Whether a person can be Karta of two Hufs when all members are same?
There is one(Ist) Huf coparceners being Karta named K, k’s wife B, K’s son N, K’s daughter in law M, This Ist Huf was made in 1990. N’s son J, N’s another son L became coparceners when they born in family in 1992,1993 respectively. K’s wife B died in 1994.
Simultaneously, There is another (2nd or smaller) HUf at the same time Karta being N (son of K), coparceners N's wife M, N's son J and N's another son L. This (2nd) HUf was made in 1994.
Karta of Ist Huf i.e K died.
Can N being his only son can become Karta of Ist Huf, while keeping him Karta of 2nd Huf ?
or Ist Huf is to be desolved as all the members of both Huf being same ?
something important are written at below mentioned thread are confusing or not clear:
1. https://www.caclubindia.com/forum/huf-and-smaller-huf-186543.asp
Now coming to the second part of the question, in my opinion, if the Mother dies, then the Bigger HUF comes to an end and only the Smaller HUF would remain (As all the remaining members of the Bigger HUF & Smaller HUF are the same)
2. https://www.onemint.com/2012/tax/introduction-to-hufs/comment-page-1/
Hi Nikhil… An individual can become the Karta of two different HUFs. In this case, the elder son will become the Karta of his father’s HUF and will continue to remain so as long as his mother is alive. At the same time, he will continue to remain the Karta of his own HUF. The original HUF will have to be dissolved once the mother is not there.
3. http://www.caclubindia.com/experts/death-of-karta-of-huf-174821.asp
HUF is dissolved only on the partition of property between the members. Please note partly partition of HUF is not approved under this ACT, Partition means full partition.
4. http://www.financialexpress.com/archive/a-huf-account-can-also-be-closed-after-dissolving-the-huf/482112/
…..You have perhaps not understood the bank correctly. An HUF never dies.
5. https://www.kaanoon.com/7315/dissolution-of-huf
…If father & mother dies than the minor child will be the karta of HUF.
…HUF ceases to exist when any of the following event occurs : 6. When does an HUF cease to exist ? - On total partition of HUF, - There is left only one member in HUF due to death of other member/s or for any other reason.
6. https://www.caclubindia.com/forum/details.asp?mod_id=129702&offset=1
…..untill any of the member is alive in HUF family the HUF can run/continue,
P. Venu
(Expert) 19 January 2020
You are posting too many a query. What is the real issue?
Dr J C Vashista
(Expert) 20 January 2020
I agree with expert Mr. P Venu.
It is not a tutorial platform Ms. Madhu Mittal, please note.
Madhu Mittal
(Querist) 20 January 2020
Respected sirs,
With due respect to everybody who guided here, I have been the member of this forum of more than last 10 years, so please count in 10 years how many queries were asked. Now a days, ok I am asking some queries. This is why I tried to my best, to get solved them at my level, but could not solve, that is why I am giving trouble to learned members of this forum.
With due respect, whenever there is a confusion, one comes here or whenever there are more than one view on a subject, one comes here to get it cleared from the learned members of this forum , I know very well this is not a tutorial forum, but still a place where one can get guidance.
Take this query in hand, at thread below mentioned, it is written:
2. https://www.onemint.com/2012/tax/introduction-to-hufs/comment-page-1/
Hi Nikhil… An individual can become the Karta of two different HUFs. In this case, the elder son will become the Karta of his father’s HUF and will continue to remain so as long as his mother is alive. At the same time, he will continue to remain the Karta of his own HUF. The original HUF will have to be dissolved once the mother is not there.
At other threads written is something different, only one member is enough to retain Hufs. One person can be Karta of two Hufs. So there are different opinion placed at different thread.
There is one(Ist) Huf coparceners being Karta named K, “K huf”
k’s wife B, K’s wife B died in 1994.
K’s son N,
K’s daughter in law M, who is wife of N
This Ist Huf was made in 1990.
N’s son J,
N’s another son L
became coparceners when they born in family in 1992,1993 respectively. K’s wife B died in 1994.
Now IInd smaller Huf of N son of K named “N Huf”
There is another (2nd or smaller) HUf at the same time Karta being N (son of K) “N Huf”,
K’s son N, is Karta here.
K’s daughter in law M,
This IInd Huf was made in 1994.
N’s son J,
N’s another son L
became coparceners when they born in family in 1992,1993 respectively.
K Karta of K Huf died.
Now in both Hufs, members will be same. So guidance required is Whether N can become of Karta of “K Huf “
Or
“K Huf “ has to be desolved ( as guided at thread written at at point no. 2……..The original HUF will
have to be dissolved once the mother is not there.)
I request to every learned member of this forum, Please guide as the learned members have a lot of knowledge in every field of law.
Raj Kumar Makkad
(Expert) 20 January 2020
We appreciate being an old member of this site but your query is purely an academic which is not expected in this section of the site. You need to put your query in Forum section so that it may be observed and replied accordingly. This section is purely meant for poor litigants having no means to engage even lawyers and we expert only provide macro guidance based upon the facts of the query.
Madhu Mittal
(Querist) 21 January 2020
With due respect to every member of LCI, this is not an academic query, one wants to follow law, and does not want to be trapped by violation of law unintentionally, that is doubt, is being cleared. Every Indian should follow law, and for that, in my humble view, everyone should guide and be guided, what is the law.
Now in both Hufs, members will be same. So guidance required is Whether N can become of Karta of “K Huf “ and two Huf’s can continue under N as Karta until and unless all the properties of K Huf is partitioned/divided among the members.
Or
“K Huf “ has to be desolved ( as guided at thread written at at point no. 2……..The original HUF will
have to be dissolved once the mother is not there.)
I request to every learned member of this forum, Please guide.
T. Kalaiselvan, Advocate
(Expert) 28 January 2020
It is possible a person can be Karta in two HUF. You can have two HUFs. One your father's HUF and secondly your HUF. Till your father's HUF is partioned you can continue to be be the karta of the said HUF if you are the eldest son otherwise the eldest son shall be the karta.
Your mother cannot be karta, she can only be the manager of HUF if there are no male members or if the male members are minors.
So you can have 2 HUFs.
Madhu Mittal
(Querist) 29 January 2020
Respected sirs,
At thread 2. https://www.onemint.com/2012/tax/introduction-to-hufs/comment-page-1/
Hi Nikhil… An individual can become the Karta of two different HUFs. In this case, the elder son will become the Karta of his father’s HUF and will continue to remain so as long as his mother is alive. At the same time, he will continue to remain the Karta of his own HUF. The original HUF will have to be dissolved once the mother is not there.
So there is confusion what is the correct law, if all the members of two hufs as well as Karta are same (because N being karta of His own huf, going to be Karta of his father’s Huf i.e, being only son and mother already died in 1994, no other brother or sister in Huf, so now all the members of N’s Huf will be all the members of K’s Huf and N also will be Karta of K’s Huf ) whether two Hufs’ can continue or Father’s Huf has to be dissolved as guided at above thread.
T. Kalaiselvan, Advocate
(Expert) 29 January 2020
There's no legal infirmity or impediment holding two HUFs by a single karta.
You can consult a local lawyer and proceed if you are still in doubt
T. Kalaiselvan, Advocate
(Expert) 29 January 2020
There's no legal infirmity or impediment holding two HUFs by a single karta.
You can consult a local lawyer and proceed if you are still in doubt
Madhu Mittal
(Querist) 06 February 2020
Thanks to all respected Sirs for giving their valuable time for my guidance, specially to Sh. T.kalaiselavan .
