Search Results For: Hindu Succession Act


QUERY: Whether self acquired property of father or grandfather after coming into force Hindu Succession Act be treated as Joint Hindu Family?
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Hindu Succession Act, 1956, the separate property of the father inherited upon intestacy by the son is to treated as son’s separate property and not as the property of his joint family.

QUERY: An assessee wants to create a HUF with his wife. Is it possible to create a HUF with gift from the family members?
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A Hindu Undivided Family (HUF) is the normal condition of Hindu Society. The HUF with all its incidents is a creature of law and cannot be created by act of parties.

QUERY: What is the effect of Hindu Succession (Amendment) Act, 2005 in respect of right of daughter in HUF property?
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The Hindu Succession Act, 1956 has been amended in the year 2005 with a view to give daughter on birth, same right as a son on his birth. Consequently, the daughter has the right to be a co-parcener and also right to claim partition or vest her individual property in the HUF. These are important right hitherto denied to daughters, The amendment takes effect from September 9, 2005.

QUERY: The HUF ‘s pool is empty. It consists of husband & wife only. Can it be formed with gift from relatives etc.
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C. Krishna Prasad v. CIT [97 ITR 493], the Supreme Court clarified that family signifies a group plurality of persons is an essential attribute of a family

QUERY: What is the Law laid down by Hon. Supreme Court in respect of impartible estate of HUF property?
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Section 6 of the Hindu Succession Act, 1956 as it stood before its substitution by the Hindu Succession (Amendment) Act, 2005 w. e. f. September 9, 2005 is reproduced as under: