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Schools of Hindu Law [ Assessments of 'HUF']

Mitakshara School.

Under this school of law the male child acquires a right in the family property as soon as he is born in the family. As soon as a male child is born, the Hindu Undivided Family comes into existence. The father gets the status of ‘Karta”—the manager of the family. On the death of father this status goes to eldest son in the family till partition of the property takes place. In this school of law, share of each member is not defined. No member can ask what his share is.

Dayabhaga School.

Under this school of law the male child does not acquire a right in the family property during the life time of his father. During the life time of the father, the income from ancestral property is included in his individual income. On the death of father, the coparcencer gets his definite share. Coparcenary comes into existence only on the death of the father if there are two coparceners at the time of death. In this school of law, even the females can become the members of the undivided family.

 

The coparcenary will come into existence even if there are female members, i.e., widow and an unmarried daughter to succeed him. But if the father leaves only a son behind him, the son cannot form a coparcenary and he will be taxable as individual.

 

On the death of father, if there are four sons and before the partition takes place, two of them die leaving behind widows; in this case the widows shall become coparceners and shall be taxable as Hindu Undivided Family.

 

Under this school of law, the concept of Hindu undivided Family comes into existence only on the death of father and remains into existence only up to the time of partition of common property.

 

A husband and wife without any children can form a Hindu Undivided Family and there is no need for more than one male coparcencer to form H.U.F. [Gowli Buddanna v. C.I.T. (60 ITR 293)].
 
 
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