Comments on: Partial and Full Partition of Hindu Undivided Family (HUF) http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html Complete Tax Solution Sun, 27 May 2012 03:49:17 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: GSGILL http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-503956 GSGILL Fri, 18 May 2012 09:42:04 +0000 http://www.taxguru.in/?p=16073#comment-503956 there is a case in the family of a person for which clarification is requested,he has 4 children 2 boys and 2 girls ,all married and settled ,he had 60 acres of land some of his own and some belonged to his mother in law as his wife was the only child ,he gave 30 acres to one son and 15 acres to another son who was just six month old at that time and rest kept with him ,out of which he has now given just 4 acres to two daughters ,against which elder son who got 15 acres has filed a case against two sisters through his own father who is very old and can not walk ,is is justified ,they belong to sikh family ,mother is dead and father is almost 90 years there is a case in the family of a person for which clarification is requested,he has 4 children 2 boys and 2 girls ,all married and settled ,he had 60 acres of land some of his own and some belonged to his mother in law as his wife was the only child ,he gave 30 acres to one son and 15 acres to another son who was just six month old at that time and rest kept with him ,out of which he has now given just 4 acres to two daughters ,against which elder son who got 15 acres has filed a case against two sisters through his own father who is very old and can not walk ,is is justified ,they belong to sikh family ,mother is dead and father is almost 90 years

]]> By: Nilesh http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-503490 Nilesh Mon, 14 May 2012 04:36:39 +0000 http://www.taxguru.in/?p=16073#comment-503490 I am having HUF in which I am karta. My brother also has HUF in which he is karta. My father also had a HUF in which he was karta. After his death I became karta of father's HUF. Since then I am karta of my father HUF and also of my HUF. My queries are: 1. Can I be karta of two HUF.? 2.Now my mother has also expired so I c=want to make partition of HUF. Can I do it.? I am having HUF in which I am karta. My brother also has HUF in which he is karta. My father also had a HUF in which he was karta. After his death I became karta of father’s HUF. Since then I am karta of my father HUF and also of my HUF. My queries are:

1. Can I be karta of two HUF.?
2.Now my mother has also expired so I c=want to make partition of HUF. Can I do it.?

]]> By: Chandrahash Chaudhary http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-503143 Chandrahash Chaudhary Fri, 11 May 2012 15:31:56 +0000 http://www.taxguru.in/?p=16073#comment-503143 a very good comparison about HUF under Hindu Law and IT Act a very good comparison about HUF under Hindu Law and IT Act

]]> By: PRASAD http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-497213 PRASAD Tue, 27 Mar 2012 09:17:45 +0000 http://www.taxguru.in/?p=16073#comment-497213 Can A registration of the Partition can be done on part by part. i.e I have a property We among our brothers want to make partition part by part as we can afford to bear the cost of registration fee at a time. i.e we have 8 Acers of Land out of which we would like to make partition of 4.5 Acers now and later we would like to make partition of 3.5 Acers later. While at the time of registration the writer mentioned in the Partition Deed "With this 4.50 Acers nothing is left for partition" When I asked him he said that Partition registration should be done at a time else registrar will reject the partition registration.  Will the sub-registrar has right to refuse the partial registration of the partition.  Awaiting for your Valuable Advice Sir. Regards, Prasad Can A registration of the Partition can be done on part by part. i.e I have a property We among our brothers want to make partition part by part as we can afford to bear the cost of registration fee at a time. i.e we have 8 Acers of Land out of which we would like to make partition of 4.5 Acers now and later we would like to make partition of 3.5 Acers later. While at the time of registration the writer mentioned in the Partition Deed “With this 4.50 Acers nothing is left for partition” When I asked him he said that Partition registration should be done at a time else registrar will reject the partition registration. 

Will the sub-registrar has right to refuse the partial registration of the partition. 

Awaiting for your Valuable Advice Sir.

Regards,
Prasad

]]> By: choudary murali prasad http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-496489 choudary murali prasad Sat, 24 Mar 2012 08:21:58 +0000 http://www.taxguru.in/?p=16073#comment-496489 according to our maternal grandfather's registered will half of his property belongs to his daughter in-law and the remaining half to mother. Our mother with pity gave possession to grandfather's daughter in-law without any relinquishment deed. We are four sons and two daughters to our mother. Now daughter-in-law willing to give one-third property of our mother's share to us(six members). How to make partition deed and how to claim further in future. Because we don't want to hurt daughter in-law. according to our maternal grandfather’s registered will half of his property belongs to his daughter in-law and the remaining half to mother. Our mother with pity gave possession to grandfather’s daughter in-law without any relinquishment deed. We are four sons and two daughters to our mother. Now daughter-in-law willing to give one-third property of our mother’s share to us(six members). How to make partition deed and how to claim further in future. Because we don’t want to hurt daughter in-law.

]]> By: adv. roy http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-453062 adv. roy Fri, 28 Oct 2011 07:26:29 +0000 http://www.taxguru.in/?p=16073#comment-453062 contact to email:- roy_pankaj49100@yahoo.com for all details contact to
email:- roy_pankaj49100@yahoo.com
for all details

]]> By: adv. roy http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-453059 adv. roy Fri, 28 Oct 2011 07:24:16 +0000 http://www.taxguru.in/?p=16073#comment-453059 hello ramesh you can contact me to roy_pankaj49100@yahoo.com for further details hello ramesh you can contact me to roy_pankaj49100@yahoo.com for further details

]]> By: raman r http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-434295 raman r Mon, 05 Sep 2011 14:52:42 +0000 http://www.taxguru.in/?p=16073#comment-434295 The house where two of coparceners of HUF are residing in bhopal , One has died and the house where he was residing has been shared by his brother coparcener. The house is now in the name of widow wife of coparcener. the buisness under HUF is now run liveing coparcener and son of dead coparcener under same conditions. When the partition under HUF will occur , the house has to shared between the living coparcerner and the son of the dead coparcener. Will this charge any tax when the ownership is changed and divided into two. The house where two of coparceners of HUF are residing in bhopal , One has died and the house where he was residing has been shared by his brother coparcener. The house is now in the name of widow wife of coparcener. the buisness under HUF is now run liveing coparcener and son of dead coparcener under same conditions. When the partition under HUF will occur , the house has to shared between the living coparcerner and the son of the dead coparcener. Will this charge any tax when the ownership is changed and divided into two.

]]> By: Anshul http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-433157 Anshul Fri, 02 Sep 2011 09:40:30 +0000 http://www.taxguru.in/?p=16073#comment-433157 Will karta of HUF has the right to give all the property under HUF to only one son? Will karta of HUF has the right to give all the property under HUF to only one son?

]]> By: Nilesh Ratkanthwar http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-397375 Nilesh Ratkanthwar Fri, 08 Apr 2011 06:30:51 +0000 http://www.taxguru.in/?p=16073#comment-397375 Whether the account of Individual(who is member of HUF) can be attached under section 226(3) of IT Act, for recoevery of arrears of tax of HUF? Whether the account of Individual(who is member of HUF) can be attached under section 226(3) of IT Act, for recoevery of arrears of tax of HUF?

]]> By: Madan http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-396158 Madan Mon, 04 Apr 2011 12:15:16 +0000 http://www.taxguru.in/?p=16073#comment-396158 Sir, You can mail reply at ruma.bhatwal@gmail.com Sir,
You can mail reply at ruma.bhatwal@gmail.com

]]> By: Madan http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-396157 Madan Mon, 04 Apr 2011 12:11:34 +0000 http://www.taxguru.in/?p=16073#comment-396157 Dear Sir, I m Karta of HUF who has got wife and three married dauhters.I have no male issue.Can i dispose of HUF between my wife and married daughters.Please suggest. Regards Madan mobile-09424056751 please reply Dear Sir,
I m Karta of HUF who has got wife and three married dauhters.I have no male issue.Can i dispose of HUF between my wife and married daughters.Please suggest.
Regards
Madan
mobile-09424056751
please reply

]]> By: ramesh http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-325748 ramesh Wed, 19 Jan 2011 20:26:03 +0000 http://www.taxguru.in/?p=16073#comment-325748 I stay with my parents along with my wife and two kids.My sister is married and stays with her husband seperatly. We have lived as a joint family togather with my father as head of the family and decision maker.We have a common kitehen .All household expenses were maintained by my father. he also took desicons of my investments and maintaince of income/accounts.In 1978 My father purchased a property registered in his name and constructed a two storied house. We have lived in the same premises ever since. 1.Do we become HUF or a joint family 2.What are the rights of my mother, my kids and myself on the assets. 3.Can I claim any share in the property or is it fathers own will and wish. Please advice thanks ramesh I stay with my parents along with my wife and two kids.My sister is married and stays with her husband seperatly. We have lived as a joint family togather with my father as head of the family and decision maker.We have a common kitehen .All household expenses were maintained by my father. he also took desicons of my investments and maintaince of income/accounts.In 1978 My father purchased a property registered in his name and constructed a two storied house. We have lived in the same premises ever since.
1.Do we become HUF or a joint family
2.What are the rights of my mother, my kids and myself on the assets.
3.Can I claim any share in the property or is it fathers own will and wish.
Please advice
thanks
ramesh

]]> By: Devan http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-313797 Devan Thu, 13 Jan 2011 15:30:43 +0000 http://www.taxguru.in/?p=16073#comment-313797 My father passed away in april 2010, he was a part of a HUF partnership in mumbai. I am the karta now. But my kakas have stopped giving us cheques since april 2010 , we used to get cheques for the profits and interest from the firm What steps can i take to safe gaurd my dads interests, they have not responded to any of our letters and calls. Please advise. Regards, Devan. My father passed away in april 2010, he was a part of a HUF partnership in mumbai. I am the karta now.
But my kakas have stopped giving us cheques since april 2010 , we used to get cheques for the profits and interest from the firm
What steps can i take to safe gaurd my dads interests, they have not responded to any of our letters and calls.
Please advise.
Regards,
Devan.

]]> By: Vianney Cordeiro http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-204592 Vianney Cordeiro Thu, 18 Nov 2010 02:37:47 +0000 http://www.taxguru.in/?p=16073#comment-204592 In case the sole surviving member of the HUF is the widow of the Karta, what happens to the HUF. To who can the secutiries be transferred ? What documents need to be submitted? Rhanks Vianney Cordeiro In case the sole surviving member of the HUF is the widow of the Karta, what happens to the HUF. To who can the secutiries be transferred ? What documents need to be submitted?
Rhanks
Vianney Cordeiro

]]> By: Rupert http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-141053 Rupert Sat, 02 Oct 2010 15:46:18 +0000 http://www.taxguru.in/?p=16073#comment-141053 I would like to know regarding the partition of HUF property in my below mwntioned question. 1. An HUF consisted of Father, who is widower, three sons and a daughter. On death of the father a) what will be the share of daughter? b) what will be the share of three sons (a) One fourth of the HUF property (b) One sixteenth of HUF property (c) One fourth plus one sixteenth of HUF property (d) None of the above I would like to know regarding the partition of HUF property in my below mwntioned question.

1. An HUF consisted of Father, who is widower, three sons and a daughter. On death of the father
a) what will be the share of daughter?
b) what will be the share of three sons
(a) One fourth of the HUF property
(b) One sixteenth of HUF property
(c) One fourth plus one sixteenth of HUF property
(d) None of the above

]]> By: RATTAB KAL WAHI http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-128324 RATTAB KAL WAHI Fri, 17 Sep 2010 12:46:06 +0000 http://www.taxguru.in/?p=16073#comment-128324 Dear Sir, If wife of Karta dies (the HUFconsisting of Karta & his wife is a member) is disrupted. What is the status of HUF of which he was a Karta earlier. Wioll the entire assets devolve on him as indivisual . If this position is correct, whenthe HUF is treated as ended.because it will take time to consolidate all assets specially the FDR"s will mature on their due date. (RATTAN LAL WAHI) -944, Sector17B, GURGAON-122001-9891804737, 0124-2399233, 0124-2340862 Dear Sir,
If wife of Karta dies (the HUFconsisting of Karta & his wife is a member) is disrupted. What is the status of HUF of which he was a Karta earlier.
Wioll the entire assets devolve on him as indivisual .
If this position is correct, whenthe HUF is treated as ended.because it will take time to consolidate all assets specially the FDR”s will mature on their due date.

(RATTAN LAL WAHI) -944, Sector17B, GURGAON-122001-9891804737, 0124-2399233, 0124-2340862

]]> By: Yashpal http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-83618 Yashpal Sun, 25 Jul 2010 12:07:22 +0000 http://www.taxguru.in/?p=16073#comment-83618 you can mail me the reply at antil.yashpal@gmail.com you can mail me the reply at antil.yashpal@gmail.com

]]> By: Yashpal http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-83616 Yashpal Sun, 25 Jul 2010 12:06:27 +0000 http://www.taxguru.in/?p=16073#comment-83616 A dies intestate, property is devolved upon two persons, these two agree to jointly allocate the shares to each other with exclusive possession of their allocated portion.. subsequently these two persons create their seperate HUF and make subsequent partition within their family... i want to know can two HUF jointly share ownership rights of a property ? i also want to know the moment the two HUF were created seperately with exclusive possession to each other.. does it amount to actual partition ?? Please guide !! A dies intestate, property is devolved upon two persons, these two agree to jointly allocate the shares to each other with exclusive possession of their allocated portion..
subsequently these two persons create their seperate HUF and make subsequent partition within their family…

i want to know can two HUF jointly share ownership rights of a property ?
i also want to know the moment the two HUF were created seperately with exclusive possession to each other.. does it amount to actual partition ??

Please guide !!

]]> By: Gowrish Kumar Kateel http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-62488 Gowrish Kumar Kateel Fri, 11 Jun 2010 03:59:27 +0000 http://www.taxguru.in/?p=16073#comment-62488 Creation of HUF of Son when his Father dead ? Procedural requirements? Creation of HUF of Son when his Father dead ? Procedural requirements?

]]> By: ROHIT GARG http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-62269 ROHIT GARG Thu, 10 Jun 2010 10:51:13 +0000 http://www.taxguru.in/?p=16073#comment-62269 How we can create Son's HUF by partion of father's HUF after death. What is the procedure and requirement of deed to be written. How we can create Son’s HUF by partion of father’s HUF after death. What is the procedure and requirement of deed to be written.

]]> By: sanjay kumar http://taxguru.in/income-tax/partial-and-full-partition-of-hindu-undivided-family-huf-and-income-tax-provisions.html#comment-54971 sanjay kumar Mon, 24 May 2010 17:44:09 +0000 http://www.taxguru.in/?p=16073#comment-54971 what is the share of a grandson in a huf whoes father is dead what is the share of a grandson in a huf whoes father is dead

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