Hindu Male dying intestate leaving behind Widow and Minor son with properties both ancestral and individual. Is HUF constituted? (Strictly speaking there is devolution of property) If not what is the taxation effect of minor sons income? If yes, should the HUF be termed in the deceased's name with wido acting as Kartha?
Factum of the case is that the deceased was an Income-Tax assessee and he held Ancestral Property as well as Self-acquirred Property. The wife and minor son are the legal heirs.The HUF was not assessed to Tax as at the date of death.
Now my question is whether a HUF came into existence with the widow and minor son as the members,the property left behind as the neucleus and the minor son as the sole surviving coparcenor.
If the HUF did not come into existence by operation of law, should the ancestral property loose its character and become the individual property of the widow and the minor son by devolution.