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Indianer (CEO)     07 February 2011

Karta of HUF

When the Karta of a HUF dies and the eldest son does not want to become the Karta, does the position/title pass onto to the next son (junior son) or to the brother of the deceased? What is the format required of the succession letter for the junior son?



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 8 Replies

Deekshitulu.V.S.R (B.Sc, B.L)     07 February 2011

succession letter does not come in the way. The junior has to work out hisremedies by partition

Indianer (CEO)     08 February 2011

Sorry but the reply is not very enlightening. What do you mean by "succession letter does not come in the way"? Partition is not an option. I'm looking for the format of the notarised affidavit wherin the eldest son relinquishes his position as karta in favour of the junior son which the eldest son is willing to do.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 February 2011

You want solution that why arrogant.

Indianer (CEO)     08 February 2011

Sorry, but I don't think I have been arrogant at all! I did not/ do not understand what was/is meant by ""succession letter does not come in the way" (do you??) as much as I do not understand what you mean with "that why arrogant". But since you did not have a positive contribution to make, I wonder why you bothered to post a reply...

FYI: No, I am not looking for a solution but rather whether there is an accepted format for relinquishing the position in a HUF. 

Ramakrishna Ponnekanti (ADVOCATE)     11 February 2011

sUCCESSION LETTER DOES NOT COME IN THE WAY MEANS THAT THERE IS NO SUCH REQUIREMENT AND NO NEED AND NO FORMAT. IF RELINQUISHMENT IS TO BE RESORTED TO ANY SUCH DOCUMENT NEEDS STAMP DUTY AND REGISTRATION AND INVALID IN MOST CASES NOT SERVING THE PURPOSE. tHE BEST WAY IS JUNIOR TO ACT AS kARTA AND IN SUCH ONE DOCUMENT MENTIONING JUNIOR IS ACTING AS KARTHA BY CONSENT AND ELDEST SON ATTESTING THAT DOCUMENT TO MAKE A RECORD OF CONSENT AND ACTED UPON. UR SECOND LIMB OF FIRST ANSWERED TO EFFECT IN THIS FAMILY OF FATHER AND SONS BROTHER OF DECEASED HAS NO PLACE AND IN OLDEN TIMES OF GREATER JOINT FAMILIES CONSISTING SEVERAL JOINT FAMILIES THAT SYSTEM WAS IN VOGUE

Ramakrishna Ponnekanti (ADVOCATE)     11 February 2011

sUCCESSION LETTER DOES NOT COME IN THE WAY MEANS THAT THERE IS NO SUCH REQUIREMENT AND NO NEED AND NO FORMAT. IF RELINQUISHMENT IS TO BE RESORTED TO ANY SUCH DOCUMENT NEEDS STAMP DUTY AND REGISTRATION AND INVALID IN MOST CASES NOT SERVING THE PURPOSE. tHE BEST WAY IS JUNIOR TO ACT AS kARTA AND IN SUCH ONE DOCUMENT MENTIONING JUNIOR IS ACTING AS KARTHA BY CONSENT AND ELDEST SON ATTESTING THAT DOCUMENT TO MAKE A RECORD OF CONSENT AND ACTED UPON. UR SECOND LIMB OF FIRST ANSWERED TO EFFECT IN THIS FAMILY OF FATHER AND SONS BROTHER OF DECEASED HAS NO PLACE AND IN OLDEN TIMES OF GREATER JOINT FAMILIES CONSISTING SEVERAL JOINT FAMILIES THAT SYSTEM WAS IN VOGUE

Kamran (senior)     31 May 2011

The karta has to be the oldest male in the family. If he passes away, his wife cannot become the karta. His eldest son will take his place. If he chooses not to, he can give up his right and the next son in line can take his place.

Milind_MBR (others)     08 November 2011

Hello Kamran,

You have mentioned that "The karta has to be the oldest male in the family" .

Here family shall mean: The karta, his brothers as well as his sons.

If the karta passes away and he (The karta) is survived by a brother (who is now the oldest male in the family), Will this brother be considered as the next karta even without any legal process like application etc? or do the family members have to follow some legal process to name the next Karta?

 

 


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