It is settled law that HUF is constituted with lineal descendants only. The wife does not come under the lineal descendant therefore she is not a necessary party in the HUF. Therefore if wife is separated by the decree of divorce it does not affect the nature of HUF. According to the Income Tax Act the HUF is created by the lineal descendants only. Only son and daughter & offsprings of son are the lineal descendants. Therefore no need to create another HUF because the HUF is still in existence.
HUF after divorce
I got divorced two years ago. I have a 14 years old son and have taken his joint custody. My question is pertaining to HUF which I created prior to marriage. I wish to know if that HUF is still valid or it stands dissolved. If it is still valid what is it that I need to do to get my wife's name removed from the same. Lastly I misplaced the HUF deed though I still have the PAN card as well the bank account of the HUF. Can I get another deed made for this entity. Or should I create another HUF with my son?
Asked 6 years ago in Family Law
Religion: Hindu
12 Answers
Dear Client ,
After getting Divorce HUF is Dissolved. U hav to cancel Ur PAN Card and also Close the HUF Deed For Distribution Of Assests. Better U should Consult a local Advocate and do as they said, because This issue involves a lot of problems and might take time.
By Cancel Old HUF Deed and PAN Card You should start new with your son.
Please find my point-wise advise to you:
1. You will need to get a copy of the HUF, because any lawyer will be required to read the clauses of it;
2. File a police complaint that you have lost the original HUF;
3. You will need to engage a lawyer to manage the closing of the HUF and distribution of assets;
3. Then after that you can form another HUF deed.
HUF does not stand dissolved in the event of your divorce
2) you can obtain copy of your HUF deed from your CA . he would be maintaining a copy for his record
Dear Client,
After divorce, all ties with wife cease to effected, and as she was member in HUF being your wife, which she is no more. Hence, HUF will exits without her. You should apply for removal of her name from HUF.
U must have provided HUF Deed to bank while opening account, try to get copy from them,
Otherwise, close the HUF, Surrender PAN and bank account. Create New HUF.
Huf doesnot dissolve on divorce it has to be dissolved by a dissolution deed or further there has to he partition of property and the wife has.to he given her share of huf than HUF can stand disolved.
Further also you need a copy of huf deed to effect partition of the property under huf.
Hi,
The divorce decree/judgment is enough to remove wife's name from HUF. You can continue with the previous HUF after removing your wife's name.
Your wife won't be a part of HUF as HUF is constituted with lineal descendants only. Divorce with Wife does not affect nature of HUF. Approach local registrar office where deed was Registered and get certified copy of same. You need not constitute separate HUF with your son.
Firstly, there is no need to remove her name from the same as she has lost all right to get anything out of the property after getting divorced.
Secondly, previous one is still valid as it is the act which can divolve the HUF meaning here by is that getting your share after partition and then start a new one with son, but if still no partition for your share then son also become the part of the existing HUf.
Can consult for further query.
The HUF created prior to your marriage will remain in the same status.
The divorced wife is not entitled to any share in the HUF property.
The biological son will have a right in the property by birth.
If the HUF deed is a registered document then you can always obtain a certified registration copy from the sub-registrar's office.
The HUF has survived your divorce and continues to endure to this day. You and your son are coparceners of the said HUF and any assets in the name of the HUF will continue to be assessed as such.
You can execute a deed of cancellation and register the same
