| Question And Answer | |
|---|---|
| Subject: | what is the legal position of the share of a widow who is a member in an HUF in the HUF Property |
| Category: | Income-Tax |
| Querist: | sanjay saha |
| Answered by: | Law Intern |
| Tags: | HUF |
| Date: | June 16, 2025 |
karta of a HUF has passed away and the eldest son becomes the huf now. what is the legal position of share of the widow who is a member in the huf as regards to her share in the HUF assets . the erstwhile karta had already distributed assets of the HUF amicably amongst all coparceners and members during his lifetime to avoid any dispute and the new karta infused capital into the huf from his own individual assets .
The widow, as a member of the HUF, has a right to maintenance from the HUF’s current assets (including the new capital infused by the eldest son). She is not a coparcener and thus has no automatic share in the HUF assets unless a partition occurs.
If the erstwhile Karta distributed the HUF assets amicably during his lifetime, the widow’s share from that distribution is her absolute property, and she has no further claim to those assets.
The new HUF corpus, created by the eldest son’s infusion of individual assets, is HUF property, and the widow’s rights in it are limited to maintenance unless a partition is initiated, in which case she may receive a share equivalent to a coparcener’s share in her husband’s notional portion.