Tag: Family Assets

Hindu Undivided Family (HUF) is a distinct legal entity under Hindu law, comprising all persons lineally descended from a common ancestor, including their wives and unmarried daughters. It is created by operation of law, not contract, and holds coparcenary property. The Karta (manager, usually the eldest male member) operates the account with almost absolute authority to manage finances, including borrowing and charging assets. Banks must verify the HUF’s existence through its PAN and ensure the Karta’s authority, while also noting the rights of other coparceners. Liability of members is limited to their share in the joint family property.

Opening Accounts of Hindu Undivided Family:

Opening an HUF account requires recognizing its unique legal status as a separate taxable entity under Hindu law. The bank must establish the existence of the HUF, identify its Karta (manager), and ensure operations align with the principles governing joint family property.

1. Verification of HUF Existence & PAN

The bank must first confirm the legal existence of the HUF. Primary proof is the HUF’s Permanent Account Number (PAN) card, issued in the HUF’s name. Additionally, an affidavit or declaration from the Karta detailing family members and the source of HUF funds (ancestral property, gifts) may be requested. The HUF should have an independent legal identity distinct from the Karta’s personal finances.

2. Authority of the Karta

The Karta (typically the eldest coparcener) has the inherent authority to operate the account and manage HUF funds. The bank must obtain a declaration from the Karta, confirming their position and providing specimen signatures. No internal resolution is required, as the Karta’s power is derived from personal law. However, the bank should verify the Karta’s identity via personal KYC.

3. Mandate & Operating Instructions

The account is styled as “[Karta’s Name], Karta of [HUF Name] HUF”. The mandate should clearly state the Karta’s sole operating authority. If the HUF wishes to authorize other adult coparceners (e.g., sons) to operate, a specific delegation letter signed by all major coparceners must be obtained, listing their specimen signatures.

4. KYC of HUF & Coparceners

KYC is required for both the HUF as an entity (address, PAN) and the Karta individually. While not mandatory for all members, the bank may collect details of major coparceners to understand the family structure. This helps in cases of disputes or succession.

5. Proof of Joint Family Property

Though not always insisted upon, banks may ask for supporting documents indicating coparcenary property, such as property deeds in the HUF’s name, inheritance documents, or a declaration of HUF assets. This reinforces the entity’s genuineness and the source of its funds.

6. Borrowing Powers & Security

The Karta has the power to borrow for HUF purposes (e.g., business, family necessity). For large loans, banks should ensure the purpose benefits the HUF. Security should be HUF property, not the Karta’s personal assets. A declaration from coparceners acknowledging the debt may be sought to prevent future disputes.

7. Death/Change of Karta

On the Karta’s death, the next senior-most coparcener typically becomes the Karta. The bank must freeze the account and require a death certificate, a new PAN (if applicable), and a fresh mandate from the successor Karta, along with a possible indemnity for past transactions.

8. Distinction from Personal Accounts

The bank must strictly segregate HUF transactions from the Karta’s personal account. No right of set-off should be exercised between the HUF account and the Karta’s personal liabilities. All correspondence must be addressed to the Karta in their representative capacity.

Operating Accounts of Hindu Undivided Family:

Operating an HUF account centers on the absolute authority of the Karta in managing joint family funds. The bank must ensure all transactions are conducted by or under the valid authority of the Karta, for HUF purposes, and are clearly segregated from personal dealings of members.

1. Adherence to Karta’s Authority

All operational instructions (cheques, transfers, withdrawals) must bear the signature of the Karta as per the mandate. If other coparceners are authorized, their signatures must match the delegation list. The bank is not required to verify if each transaction benefits the HUF; the Karta’s decision is presumed valid. However, the bank must not honour instructions from unauthorized coparceners.

2. Ensuring HUF Purpose & Avoiding Misfeasance

While the Karta has wide powers, the bank should be cautious of obviously personal misappropriation. A large withdrawal transferred directly to the Karta’s personal account for a non-HUF purpose (like a personal loan repayment) is a red flag. Honouring such a transaction with clear notice of breach could make the bank liable to other coparceners for misfeasance.

3. Handling Loans & Credit Facilities

When the HUF avails credit, the bank must ensure the loan is for a legitimate HUF purpose (family business, education, necessity). The security offered (mortgage, pledge) should be HUF property. The Karta can create a charge on HUF assets without other coparceners’ consent, but for large borrowings, banks may seek their acknowledgment to prevent future disputes over the debt’s validity.

4. Death of the Karta & Succession

Upon the Karta’s death, the account must be immediately frozen. The senior-most surviving coparcener (often the eldest son) typically assumes the role. The bank must obtain a death certificate, a fresh operating mandate from the new Karta, and update specimen signatures. Until then, no debits should be allowed, except for mandatory payments like taxes.

5. No Right of Set-Off with Personal Liabilities

A critical rule: the bank cannot set-off the HUF account balance against the personal debt of the Karta or any coparcener. HUF funds are joint family property, not personal assets. Exercising such a set-off constitutes conversion of trust funds, making the bank liable to the HUF for the amount.

6. Dealing with Notice of Partition or Dispute

If the bank receives a legal notice of partition (division of HUF) or a dispute among coparceners challenging the Karta’s actions, it must act with caution. The account may be restricted to operate only on joint instructions of all major coparceners or as per a court order, to avoid taking sides in the dispute.

7. Tax Deductions & Compliance

The HUF is a separate tax entity. The bank must deduct TDS on interest income as per the HUF’s PAN. All communication and statements should be addressed to the Karta in their representative capacity. The bank must ensure KYC/AML compliance for the HUF as an independent legal person.

8. Closure upon Partition

Upon final partition of the HUF, the bank must receive a partition deed or a court decree. The account should be closed, and balances distributed as per the deed, usually by cheque/draft in favour of the respective members or new partitioned entities. The bank should obtain a discharge from all coparceners.

Partition of HUF: Procedure and Banker’s Duties

Partition of a Hindu Undivided Family (HUF) is the legal division of joint family property among coparceners, resulting in the dissolution of the HUF as a joint entity. This process significantly impacts the HUF’s bank account, requiring the banker to follow a strict procedure to avoid liability and ensure proper settlement.

1. Legal Basis & Modes of Partition

Partition can be total (entire HUF dissolves) or partial (only a member separates). It is effected by a registered Partition Deed signed by all adult coparceners, or by a court decree in case of dispute. A mere oral partition or family arrangement may also be valid but requires strong proof. The bank must recognize partition only upon receiving clear, documented evidence.

2. Banker’s Duty upon Receiving Notice

When the bank receives formal notice of partition (via deed, legal notice, or court order), its primary duty is to immediately restrict operations on the HUF account. The account should be placed in a “Debit Freeze” mode, allowing only credits. No further withdrawals by the Karta alone should be permitted, as his sole authority ceases upon partition.

3. Verification of Partition Document

The bank must scrutinize the Partition Deed or decree carefully. Key checks: registration stamp, signatures of all major coparceners (and guardians for minors), clear details of property division, and specific instructions regarding bank balances and liabilities. The bank may seek legal opinion if the document is complex or ambiguous.

4. Settlement of Account Balances

The bank must distribute the HUF’s credit balance strictly as per the partition deed. This typically involves closing the main HUF account and issuing payee cheques/drafts in individual names of the divided members for their respective shares. If the deed mandates a new joint account for some members, it may be opened after proper KYC.

5. Handling Liabilities & Loans

If the HUF has an outstanding loan, the bank must ensure liability is apportioned as per the deed. The deed may assign the debt to a specific member or group. The bank should obtain a fresh acknowledgment of debt and may need to create new loan accounts for the responsible parties. The original HUF loan should be closed only after full settlement or novation.

6. Release of Securities & Charges

For loans secured by HUF assets (mortgage, pledge), the bank must adjust the security as per the partition terms. If the asset is divided, the bank’s charge must be released or re-registered on the respective portions. This requires documentation like a partial release deed and updating records with the Registrar of Companies (if applicable).

7. Indemnity & Discharge

Before making final payments, the bank should obtain a joint indemnity and discharge form from all adult coparceners, releasing the bank from future claims. This is crucial to protect against disputes alleging wrongful distribution. The indemnity should be supported by the partition deed as a reference.

8. Post-Partition Compliance

After settlement, the bank must update its records, close the HUF account, and ensure all TDS certificates are issued in the HUF’s name up to the date of partition. For continuing operations of any new accounts opened by divided members, fresh KYC as individuals or new entities must be completed.