A Hindu Undivided Family (HUF) means a body consisting of persons linearly descendant from a common ancestor. This includes their wives and unmarried daughters, who are staying together jointly.The daughters cease to be a member of their father's HUF on their marriage.
Dissolution of HUF occurs when partition of HUF’s property is done.Partition of HUF can be done at any time i.e. either on Survival of Karta or on death of Karta. Partial Partition of HUF is not allowed as per Income Tax Act 1961.
Under Hindu Law once the status of Hindu Family is put to an end, there is notional division of properties among the members and the joint ownership of property comes to an end. However, for an effective partition, it is not necessary to divide the properties in metes and bounds.
Partition under Hindu Law, can be total or partial. In total partition all the members cease to be members of the HUF and all the properties cease to be properties belonging to the said HUF. Partition could be partial also. It may be partial vis-a-vis members, where some of the members go out on partition and other members continue to be the members of the family. Under the Hindu law, any coparcener can make a claim for partition. It is not necessary that other coparceners should agree to the partition sought by one of the coparceners.
Transfer of assets to HUF is a one-way street. You can put assets in the HUF, but these can be taken out only by dissolving the HUF. So, if some asset, such as an ancestral house, has been put into the hotchpot, you will have little control over it. The karta too can distribute the income earned by the HUF but not the assets without dissolving the unit.
It is crucial for the HUF to be unified. Even if one co-parcener decides to sever his ties with the joint family, the entire structure can collapse. "Even if one co-parcener demands the partition of the HUF property, the other coparceners will have to agree even though they may not want a partition,
Property belonging to a joint family is ordinarily managed by the father or other senior member for the time being of the family: The Manager of a joint family is called Karta.
It is a presumption of Hindu law, that ordinarily the senior most male member is the Karta of the joint family.
The senior most male member is Karta by virtue of the fact that he is senior most male member. He does not owe his position to agreement or consent of other coparceners. So long as he is alive, may be aged, infirm, or ailing, he will continue to be Karta.
So long as the father is alive, he is the karta. After his death it passes to the senior most male member.
The above facts are the complications to your proposal. Therefore a HUF property cannot be transferred to anyone's name at the fancies and whims or based on ever changing necessities.
You all can sit in a family meeting, discuss the issues and amicably sort out the issues which law cannot provide.
