Madhu Mittal
18 January 2020 at 14:53
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,
Anonymous
16 January 2020 at 19:57
Respected Sirs,
I myself is son of my fathers frist wife aged 32 years with sister 29 years.
When i was 6 years old my father has married to second wife without giving divorce to my mother
They have 3 more childrens.
He kept my mother away from me. I have been with my grandmother all these years and as he was politically strong he didnt allow me to meet my mother.He treathened my mother not to go to court as i was with my grandmother whose house was in same fathers city. Now my grandmother is expired, my sister is unmarried,
He made his second wife Corporator in elections.
He has started transfering his property to his second wife. He says he will not give us any share in property.
So how can we claim our share sir .
Please guide me.
Anonymous
13 January 2020 at 23:16
I have adopted a baby girl , 6 months old,under HAMA act from her biological parents. Registration deed has been done in subregistrer office, with court stamps, in the presence of biological and adoptive parents and 2 witness. I want to know if any other documents needed for legal adoption apart from registration deed
Anonymous
13 January 2020 at 22:07
my husband has filed a divorce petition against me. the petition is at the evidence stage. Now he has filed and application for returning of Ration card which is with me. But i don't want to give because he left me and now he has also committed second marriage and wanted to through me out from my matrimonial house pls help me with reply
Venkat
09 January 2020 at 01:04
Can someone provide family court information/address for Bangalore?
Thanks.
Anonymous
06 January 2020 at 12:29
Me and my husband are living in mangalore. Once in a while we visit our parents living in kerala. Vacation will be for 15 to 20 days. My husband is working and hence he will stay back only for 5 or 6 days. I am a home maker so he will leave me and my daughter in his house. Though the vacation will be for 15 to 20 days. I am not allowed to visit my parents and stay with them for 3 to 4 days. My parents home is just 7km away from my matrimonial house and I am their only child. My mom's right leg got fractured and my dad takes care of all the household chores. Still my mom in law says that after marriage the daughter in law is supposed to stay in her husband's house only. She says that I may visit them but should return back the same day itself. And that whenever I want to visit my parents I should get her permission. My husband and dad in law has no problem with me visiting my parents. But both of them never dared to speak for me. I am feeling depressed and guilty. Is there any legal solution to this problem.
iftekhar Malik
05 January 2020 at 16:40
after taking khula from her husband and
receive all student property from her in laws and withdraw the pending cases before the court. that after 5 months she again file a case under section 128 of CrPC and claiming maintenance amount from her husband .
I have all agreement paper in which it mentioned that she live in a separate way and in future she will never file any maintenance amount from her husband and took a sum of rupees 4 lac as an maintenance amount.That in agreement paper both parties family members signed with video recording . can anyone please send me any judgement of superior court
Anonymous
02 January 2020 at 16:02
Dear Sir,
I have been divorced under the conditions where my daughter who is 7 years old is entitled to meet her paternal family twice a month and share her school holidays equally. Though they wont visit her as per the agreement recently when they took her for christmas holidays they havent sent her back after the holidays are over and have not sent her to school as well. Actually i dont know where my daughter is.Her father works in Pune and his mom is in bangalore. My daughter once told me over phone she is in Pune and she will be back in Bangalore on 31st January. They are not letting me talk to her. What should i do now ? can i file a police complaint
Anonymous
31 December 2019 at 08:38
I have been married for over a year legally(for Visa) and my social wedding took place 10months ago.
Since the social wedding my husband behaved very odd and i came to know that he had many affairs even after the legal wedding.
I had revealed about my life and the failed love affairs before my wedding to him when he started accusing me that I was a worst person.
Now that i accepted and started to slowly settle issue my in laws came into picture making all non sense and successful attempts to divide me and my husband.
Me and my family(parents) tried convincing them but the main issue of adultry by him is being put aside and accusing me that i wasn't trained properly of the customs. They also want to proceed legally.
(I have lots of pictures of him that prove my stand)
Kindly help me if I want to proceed legally.
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Legal heir certificate for son of second wife
Hello ,
My mother was second wife to my father.
She was government employee.
She expired without a WILL and left a house.
I am her son how to get legal heir certificate?
Is this has to go through Court to get legal heir certificate?
Does my father can get any share from my mother house , since she is second wife to him. ( house purchased by mother through her own salary).