FORMANTION OF H.U.F( HINFDU UNDIVIDED FAMILY)
AMAN
(Querist) 15 December 2009
This query is : Resolved
Vineet
(Expert) 15 December 2009
Father's HUF cannot be created after his death but if it already exists, the same can continue with Son or elder dauthter taking mentle of Karta.
For creation of Son's HUF he should first acquire a family. Sisters and mother cannot become member of Son's HUF.
For method of creation of HUF please search for an identical query in this section which was well replied by Vishal.
n.k.sarin
(Expert) 15 December 2009
A mother her unmarried daughter, her son and daughter in law can form HUF.It is wrong to say that sister and mother can not be a member of son's family (HUF).
Raj Kumar Makkad
(Expert) 15 December 2009
There are no separate words like "Father's HUF or Son's HUF" rather words are HUF and this HUF is not created rather every person on his birth finds himself in HUF consisting of his family members. HUF can be divided on the whims and wishes of its members and mother and sister can also be the members of HUF and Karta may be son after the demise of his father.
Vineet
(Expert) 17 December 2009
Dear Raj Ji, The words Father's and Son's were used to differentiate between two HUFs. I understand that an HUF can exist within a larger HUF and the same individual can be coparcener in both of them.
I would rather differ on the issue whether mother or sister form part of family of son for the purposes of formation of a Hindu Undivided Family and request learned experts to throw more light on the same.
Say if an individual who receives a gift with intention of forming corpus of his family and as on date of receipt, the indiviual has only mother and and sister, will they become member of the family and entitled to share in corpus on partition? Will Sister be a coparcener?
In this case father has already died, so no new HUF can be created in his name (Him being Karta at first place to be precise). Yes if any HUF of which he was Karta already existed, the son can take over the mentle of Karta and HUF constituting Mother Son and Sister would continue.
