Income Tax Act or in any other statute. There should be a family i. All these three essentials are cumulative. In what ways hindu succession act 2005 pdf it different from a HUF?
A Hindu Coparcenary is a much narrower body within Hindu Undivided Family. Generally speaking, it is a body of individuals who acquires interest by birth in the joint family property. They are the son, grandson and great grandson of the holder of the joint property for the time being. Since 1-9-2005 daughters married or unmarried are now included. Birth of a male in a Hindu joint family makes him a Co-parcener of the HUF. In view of this, all male members automatically become members of the HUF. In addition to that, if a child is adopted then he also becomes a member of the HUF.
Moreover, upon marriage, wife becomes a member of her husband’s joint family. Female child remains a member till marriage. Only male can be a coparcener. This is changed now after 1-9-2005 daughters are coparceners like sons. What is the difference between a co-parcener and a member?
A HUF, as such, can consist of a very large number of members including female members as well as distant blood relatives in the male line. 4 degrees in lineal descendent from the common male ancestor. The relevance of concept of coparcenary is that only coparceners can ask for partition. The other male family members : i. How does a HUF come into existence? The concept of Joint Family under Hindu law as well as the HUF in Income Tax Act, 1961 is broadly the same.
A HUF is a fluctuating body, its size increases with birth of a member in the family and decreases on death of a member of the family. Females go and come into HUF on marriage. Can a single male constitute HUF? Plurality of persons is an essential attribute of a family. A single person, male or female does not constitute a family.
A HUF is a fluctuating body, but it has certain consequences with regard to the mode of succession to their properties and their joint Hindu family. Nothing contained in this section shall apply to partition — 2005 I see the following. Daughter does not get any rights nor can she challenge any disposition including partition which has taken place before 20, the intention of the donor should be clear and gift should be genuine. Existing joint family. Though wives are entitled to a share in the joint family property when partition takes place between father and son or between sons — he is free like an individual to alienate the property in whatever manner he likes.