hindu law

Understanding Uniform Civil Code

Corporate Law - If we require Uniform Civil Code, does this mean India does not have a civil law or India is not a civil society? India is perfectly a civil society. The Constitution of India, 1950 being the highest piece of law. Even parliament cannot change the basic structure of constitution of India. Later, Code of Civil Procedures, 1908, Criminal pr...

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Removing Gender Bias is abrogation of freedom of religion?

Corporate Law - a) In recent past, Bombay HC held that, women can enter any part of Shani temple. b) Currently, a three member bench of SC is considering an issue of constitutional validity of Ban on entry of women into a temple in a case from kerala. Apparently, from the discussion that took place in the court room, it is more likely that, the bench wil...

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Assessment and Taxability of Hindu Undivided Family (HUF)

Corporate Law - Hindu Undivided Family (HUF)​ ♠ Hindu Undivided Family (‘HUF’) is treated as a ‘person’ under section 2(31) of the Income-tax Act, 1961 (herein after referred to as ‘the Act’). HUF is a separate entity for the purpose of assessment under the Act. ♠ Under Hindu Law, an HUF is a family which consists of all […]...

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Partition of Hindu Undivided Family and Its Taxation

Corporate Law - As we know HUF (Hindu Undivided Family) is assessed as a separate person under provisions of Income Tax Act, 1961. It has its own identity and right to own property but not a juristic person. It can sue and be sued as a person. It is governed by Karta of the family and consists of coparceners of a single family. ...

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Presentation on HUF – WHY AN HUF?

Corporate Law - CA Sagar Kakkad WHY AN HUF? Because you can save up to INR 5 Million in Present Value Terms !! Assumptions Your current age is 30 years and your life expectancy is 70 years Government increases the basic exemption limit by average INR 25 k per year and deductions by average INR 5 k per […]...

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Unmarried Hindu woman has equal property rights

Corporate Law - An unmarried Hindu woman is entitled to equal share in ancestral or coparcenery property along with other male members under the amended Hindu Succession Act, the Supreme Court has held. Coparcenary refers to equal inheritance which was restricted only to male members of the Hindu Undivided Family but after succesive amendements several s...

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Marriage between a Hindu and a non-Hindu not valid under Hindu Marriage Act- Delhi HC

Corporate Law - The marriage between a Hindu and a non-Hindu solemnised as per the Hindu rites is neither valid nor the parties can claim any benefits under the Hindu Marriage Act (HMA), the Delhi High Court has ruled....

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Ancestral family property can be ‘gifted’ away : Bombay HC

Corporate Law - he Bombay High Court ruled on Wednesday that no part of an ancestral family property can be ‘gifted’ away. The court in a landmark order while resolving the dispute over a 69-year-old gift deed declared as void the document dating back to 1941, which said that Miraj resident Mallapa had gifted a portion of his ancestral property to hi...

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Daughter have equal rights in Parents property prospectively: SC

Prakash & Ors Vs Phulavati & Ors (Supreme Court of India) - Supreme Court held In the case of Prakash & Ors vs. Phulavati & Ors that the text of the amendment itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of Hindu Succession (Amendment) Act, 2005’....

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Women can be Karta of HUF: Delhi High Court

Mrs. Sujata Sharma Vs Shri Manu Gupta (Delhi High Court) - In a judgment that is expected to have far reaching ramifications, the Delhi High Court has ruled that a female member of a Hindu Undivided Family can also be the ‘karta’. Falling prey to the patriarchal system, this role of leadership has been traditionally inherited by men of the household....

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Recent Posts in "hindu law"

Understanding Uniform Civil Code

If we require Uniform Civil Code, does this mean India does not have a civil law or India is not a civil society? India is perfectly a civil society. The Constitution of India, 1950 being the highest piece of law. Even parliament cannot change the basic structure of constitution of India. Later, Code of Civil Procedures, 1908, Criminal pr...

Read More
Posted Under: Corporate Law |

Removing Gender Bias is abrogation of freedom of religion?

a) In recent past, Bombay HC held that, women can enter any part of Shani temple. b) Currently, a three member bench of SC is considering an issue of constitutional validity of Ban on entry of women into a temple in a case from kerala. Apparently, from the discussion that took place in the court room, it is more likely that, the bench wil...

Read More
Posted Under: Corporate Law |

Daughter have equal rights in Parents property prospectively: SC

Prakash & Ors Vs Phulavati & Ors (Supreme Court of India)

Supreme Court held In the case of Prakash & Ors vs. Phulavati & Ors that the text of the amendment itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of Hindu Succession (Amendment) Act, 2005’....

Read More

Women can be Karta of HUF: Delhi High Court

Mrs. Sujata Sharma Vs Shri Manu Gupta (Delhi High Court)

In a judgment that is expected to have far reaching ramifications, the Delhi High Court has ruled that a female member of a Hindu Undivided Family can also be the ‘karta’. Falling prey to the patriarchal system, this role of leadership has been traditionally inherited by men of the household....

Read More

Assessment and Taxability of Hindu Undivided Family (HUF)

Hindu Undivided Family (HUF)​ ♠ Hindu Undivided Family (‘HUF’) is treated as a ‘person’ under section 2(31) of the Income-tax Act, 1961 (herein after referred to as ‘the Act’). HUF is a separate entity for the purpose of assessment under the Act. ♠ Under Hindu Law, an HUF is a family which consists of all […]...

Read More

Partition of Hindu Undivided Family and Its Taxation

As we know HUF (Hindu Undivided Family) is assessed as a separate person under provisions of Income Tax Act, 1961. It has its own identity and right to own property but not a juristic person. It can sue and be sued as a person. It is governed by Karta of the family and consists of coparceners of a single family. ...

Read More
Posted Under: Corporate Law |

Presentation on HUF – WHY AN HUF?

CA Sagar Kakkad WHY AN HUF? Because you can save up to INR 5 Million in Present Value Terms !! Assumptions Your current age is 30 years and your life expectancy is 70 years Government increases the basic exemption limit by average INR 25 k per year and deductions by average INR 5 k per […]...

Read More
Posted Under: Corporate Law |

Concept of HUF; Distinction b/w Co-parcener and member

Income Tax Act provides a special status to HUF under the Act and covers it in the definition of person u/s 2(31) of the Act. The Hindu Undivided Family (HUF) has not been defined under Income Tax Act, 1961, however, as per Hindu Law A Hindu Undivided Family (HUF) is ordinarily joint not only in estate but in food and worship. The members...

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Some Important Aspects of HUF Under Income Tax, 1961

Some Important Aspects of HUF Under Income Tax, 1961 Partition of HUF under Income Tax Act, 1961 and its assessment after Partition. Residential Status of HUF Taxability of Income from house property in the name of HUF Proprietorship and Partnership by HUF Capital Gain Exemption available to HUF Deductions under Chapter VIA Taxability of ...

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Hindu Succession (Amendment) Act, 2005 – rights & liabilities of a daughter member

Daughter shall be a Coparcener of Hindu Family Property. If a Hindu dies, the coparcener property shall be allotted to the daughter as is allotted to sons. If a female coparcener dies before partition, then children of such coparcener would eligible for allotment assuming a partition had taken place immediately before her demi...

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