An HUF comprises four generations of lineal descendants of a common ancestor, and includes their wives and daughters in different capacities. Each of these parties has different rights. The grandson would enjoy the status of a coparcener of the HUF (assuming the HUF was formed by his grandfather or his great grandfather)—he has a right at birth over the HUF property, including the right to ask for a partition. The spouse of the grandson, however, will only enjoy the status of a “member" of the HUF. As a member of the HUF, the spouse of the grandson is entitled to basic maintenance from the HUF (which includes food, shelter, clothing, medical aid, etc.) upon the death of her husband, and even then at the discretion of the Karta. Her rights are extremely limited, if at all.
Once a person submits a copy of a registered gift deed with a covering letter, new membership form and share certificate, how does the society go about regularizing his or her membership in the society?
In Maharashtra, the society member is required to submit a photocopy of the registered gift deed along with the society transfer forms as prescribed under the provisions of the bye laws of the society. Upon the receipt of such an application, the secretary of the committee is required to scrutinize the application and bring to notice any shortcomings in the application. Thereafter, the secretary is required to place the application before the meeting of the managing committee or the general body of society held next after the receipt of such an application.
The general body, or the committee, as the case may be, is required to take a decision regarding admission of the application as a member in such meeting and communicate the same to the member within three months from the application’s date of receipt.
Rishabh Shroff is partner, Cyril Amarchand Mangaldas.
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