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,


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Anonymous
17 February 2019 at 14:32

Marrying second cousin

I am loving my mother's mother sisters daughters daughter since from 8 n half years we both are in love each other. I am Hindu gowda s .I can talk to our parents and get married


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I and my husband got married on 5th Nov 2018 in Arya samaj mandir as my in-laws were against it. He is 74 born and me 82 born.
We started leaving separately. My husband was talking to them and I was fine them talking to him but since then they were bitching about me. My husband was supporting so that was fine. I didn't know about my husband that he was alcoholic which I got to know later. He was not working for which he said he is starting a business and he is working on it. After marriage I got to know he is not doing any business but he started looking for job now it's been long my in laws interfering every time. They have taken our society's gaurd number and asking him for information. Everytime they do some or other CID on me. They asked my all details which I gave for there satisfaction bcz they wanted to do background check. They have taken power of attorney from my husband for his all property and taking rent in their account. We are leaving in rented apartment and expending from our savings. Now i am not allowing my husband to drink much and he is on medicine but whenever my mother in law calls him and bad mouth about me he start drinking and difficult to control. Last Dec on his mother's birthday she spoke about my character and Don't know what she told him so he started beating me and next day my medical was done. Police and my family and my husband asked for a chance so I gave him chance didn't report it but took from him in written that it won't happen in future in the same police station with that police station stamp and both of us signature.
Now since few days as I don't allow him to drink much and listening to his mom who purposed him to come and stay there alone without me on condition that he can drink there he started asking for divorce.
I love him and he also loves me. Bcz of parents bad mouthing about me and shortage of money he is doing this.
My in laws been to my home and had fought there saying they have money and power and will see me. They don't want their son to be married and want them back in any cost.
I want to know what can I do and what all laws are in my favor. I don't want divorce as I love him. I also know when I leave him he will be completely in to alcohol.
I don't want my in-laws property or anything else but my husband has few properties how can I claim for it as wife. My husband some time ask for few things like his watches and ring which kept by my mother in law in her locker but she denied even for health insurance too so we took another health insurance for both of us.
He has one house in Noida which is managed by my father in law and he is power of attorney for that flat and also taking rent in his account. Where we are leaving in rented accommodation and paying from my husband's saving.

They says that I married to my husband for money which is completely wrong.

Please suggest what I can do to take our property from them. How can I stop them interfering in our life. My husband at times doesn't understand and influenced by them.

What rights I have as a wife if he is asking for divorce as I never want this divorce and can't think of leaving without him.

My in-laws asking my husband to live with them without me. He is ready and thinking of going theee. What can I do in that case?

Please help me out. My father is no more and my mother is very old and stays with my brother. I can't tell her all this.

I am not working and depending on my husband currently.


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01 January 2019 at 21:13

Can a woman file divorce

Hello experts,
My sister is married from past 18yrs and her husband has become an alcoholic since past 10yrs and doesn't work. My sister is managing all expenses by working. They have 2 daughters. My sister is fed up of this man's alcoholism. She wants to file a divorce, can she do so?
Can you please guide me? She is in huge depression and under mental stress. Please give your expert opinion.

Regards,
Pankaj Patil


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29 December 2018 at 14:19

High court response

Respected Lawyers,

If I apply for quashing of a case running in a lower court before the high court, what are the chances that the high court may create new problems for me instead of giving me relief?

I want to apply before the high court for quashing of a case but at no cost want the high court create new pains for me.

Thanks and regards


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23 December 2018 at 13:35

Divorce case

Hi,
Priti's divorce course is going on in the family court. Can she take a fresh loan for marriage of her sister and brother. Her sister and brothr salary is less hence it is tough to get loan of 7 lakhs for them.
This loan will be taken on house mortgage and EMI will be paid from salary account of Priti. So can Priti take loan? Because she has to show salary account bank statement in the court which will reflect EMI. What will be impact of this on her case?
Please guide.
Thanks.


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Sir
My divorce case is pending in Family court jaipur and I have filed a case for child custody and interim access to child under sec 26 HMA 1955 and it has been registered as seperate and independent case. Now opposite party Adv has opposed by Appl under order 7 rule 11 that it can only be filed in divorce case as a simple Application. Kindly provide citation or suggestions to support of this.
I have heard that it can be run independent in family court.


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26 October 2018 at 15:34

Sure name change

Respected sir/madam... Iam Balakrishna chirra , i have a problem with my sure name....Actually my Real name is Balakrishna Yallavula, but from the childhood , i studied at my Uncles home his name is Kondaiah Chirra, then in my school days my Teacher written his name as father, then my name changed as balakrishna chirra, S/O kondaiah chirra,in 10th class to PG , Ration card,aadhar card, in passport also, then i got married , now i want change my childrens sure name as yallavula, please sugges me how to proceed ....


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Anonymous

Hi , am a house wife. I have no details about my husband salary and expensedetails as I am staying with in-laws.
He is giving his salary to my mother in law . Am taking care of my self and my kid with money which I have saved earlier while working.
I have stopped doing job due to some health issues. Now am asking my husband to take care of me and my baby.

But he is not listening my words and just ignored and said that he has no money. Please do let me know can I ask for his salary details and expenses.


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