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Shivam G.   24 May 2023

What if karta dies_coparcenar right to apply for dissolution or partition of huf upon death of karta

Dear Sir/Maám.

After death of Karta, HUF automatically dissolve?

Can Coparcener make application for dissolution or partition of HUF after death of Karta? and if yes, how whether partition in equal proportion?





 4 Replies

Real Soul.... (LEGAL)     25 May 2023

If the KARTA  of an HUF died  the senior most coparcener will become KARTA ,but if the parties desiere to dissolve the HUF and partition the property then they  have to make a deed of partition and each of the member of HUF (having share therein)  must sign that deed and then registered in court .

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T. Kalaiselvan, Advocate (Advocate)     25 May 2023

 Dissolution of HUF occurs when partition of HUF's property is done. Partition of HUF can be done at any time i.e. either on Survival of Karta or on death of Karta

HUF can be dissolved by executing partition deed among all the members. The property of HUF should be divided equally amongst the HUF coparceners in accordance with the Hindu Succession Act. In the context of an HUF, a coparcener is a person who acquires right in the ancestral property by birth

On the death of the Karta, his HUF can continue and the next senior-most coparcener of the family shall be the Karta. b) If under given circumstances, the senior-most coparcener is not in a position to discharge his obligation, then the next senior coparcener can be the Karta of HUF with mutual consent.

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Shivam G.   26 May 2023

Dear Sir(s),

Thank you very much for your reply.

T. Kalaiselvan, Advocate (Advocate)     26 May 2023

You are welcome for your appreciations 

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