Here we would discuss HUF – Dissolution & Succession and for that first we need to understand who all can become members of HUF, how does the HUF stands dissolved and what happens if the original Karta expires.
Members of HUF:- Every person by birth becomes the member of HUF. Unmarried daughter is member till her marriage. After marriage she will become the member of inlaw’s HUF(s).
Dissolution of HUF:- 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. Partial Partition of HUF is not allowed as per Income Tax Act 1961.
Who will be next Karta in case of death of original Karta:- Normally, the senior- most member of the family acts as karta. However, a junior male member can also act as karta with the consent of the other members.
- A Family consists of:- Father, Mother & Two Sons
If father dies than elder son will become next karta.
A junior coparcener can become the Karta if all coparcener agreed. - A Family consists of:- Father, Mother & Two Daughters
If father dies than widow wife will become next karta.
- A Family consists of:- Father, Mother & minor son
If father dies than minor son will act as a Karta through his mother as guardian ( Budhi Jena v. Dhobai Naik)
- A Family consists of:- Father, Mother & minor son
If father & mother dies than the minor child will be the karta of HUF.
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