Formation of HUF
R.L.Agarwalla & Co.
Rajesh K Chandak
Dayabhaga School is based on the code of yagnavalkya commented by Jimutuvahana, Inheritance is based on the principle of spiritual benefit. It arises by pinda offering i.e. rice ball offering to deceased ancestors.
This school is followed in Bengal state only. Sapinda relation is by pinda offerings.
The right to Hindu joint family property is not by birth but only on the death of the father.
AS SUCH HUF CANNOT BE FORMED FOR A BENGALI FAMILY
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Ecotech
Any Hindu may have HUF. There is no need to form. It already exists. In Mitakshara (Non-Bengali), memebers acquire rights of administration by birth. So, all co-parceners have enforceable interest in the administration also apart from in property. But in Dayabhaga (Bengali), members acquire rights of administration on death of the Karta. Karta has full and absolute right of administration till his death.
JNGupta
9331022920
From:
foru...@googlegroups.com [mailto:foru...@googlegroups.com] On Behalf Of R.L.Agarwalla
& Co.
Sent: Monday, February 06, 2012 12:11 PM
To: foru...@googlegroups.com
Subject: [RUNGTA PD] Formation of HUF
Dear Professional Coleagues,
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Ecotech
Dayabhaga is only another type of HUF. What else is Dayabhaga? What is ‘law of Dayabhaga’ and what are the provisions? Mitakshara and Dayabhaga are two sides of the same coin.
JNGupta
9331022920
From:
a_m_as...@yahoo.co.in [mailto:a_m_as...@yahoo.co.in]
Sent: Wednesday, February 08, 2012 9:27 AM
To: foru...@googlegroups.com; "Ecotech"
Subject: RE: RE: [RUNGTA PD] Formation of HUF
That in humble opinion no Bengali can constitute a huf as the laws of dayabagha contain no such provisions.
Thanks;
Advocate Arijit Mitra
09234683303
Sent from Samsung Mobile
a_m_as...@yahoo.co.in
That the dayabhaga sect means quite clearly that an individual has no right on his/hers father's estate if the father deigns not to let that individual inherit even if the property is ancestral so where does huf concept come in dayabagha sect.
Thanks;
Advocate Arijit Mitra
Sent from Samsung Mobile