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HUF Policies
HUF Policies
Introduction :
A Hindu Undivided Family, which is also known as Joint Hindu Family
is governed by Hindu Law.
An H U F consists of all persons lineally descended from a common
ancestor and have not separated and include their wives and unmarried
daughters. The head of the family is called ‘Karta’ who is solely
responsible for all the affairs of the family. The members of the
family are called Co-parceners who acquire interest in the family
by birth. Co-parceners are admitted to the benefits of the family,
but they are not liable to the commitment of H U F during their
minority.
In view of the separate legal provisions specially in income-tax
law, the H U F has important significance in life insurance. Life
Insurance Policy is taken by the Karta on his life or on the lives
of co-parceners where premiums are financed by H U F funds. As per
the law relating of H U F, all income earned with the property of
H U F, shall belong to H U F. As such where policies are taken on
the lives of members of H U F and premiums there under are paid
out of H U F funds, insurance amount when due would belong to H
U F and it becomes a part of assets of H U F. However, under policies
effected by the co-parceners on their own lives and where premiums
are paid out of their own separate income, policy moneys when due
become the part of the estate of the lives assured.
It is also important to note that neither the Karta of H U F nor
any member thereon can taken out policies on their own lives for
their own benefits or for the benefit of their dependants and finance
them to the detriment of joint family funds. If, there fore, policy
is financed through HUF funds irrespective of contractual positions
enumerated in the policy document, with regard to the title thereto,
the policy would belong to HUF entirely and as such the policy moneys
would be payable only to the Karta of HUF who represents HUF as
Manager. However, a member of HUF can take a policy on his own life
for the benefit of his immediate family, provided the premiums there
are not paid from HUF funds.
The life insurance policies are also effected by the Karta on the
lives of minor co-parceners. The main distinction of such policies
as compared to ordinary CDA or CAP policies or policies on
the life of minor is that the latter policies cannot be issued with
automatic vesting age clause. In other words, CDA or CAP; policies
issued to the Karta on the lives of minors will not vest in the
lives assured on the deferred date, but they will continue to be
vested in the Proposer (if he is a Karta of HUF) or in HUF if the
proposer is any other family member not being Karta and the date
of vesting being only notional and being introduced to indicate
the date on which the risk on the life assured commences if the
life assured shall be alive on the deferred date and if all the
premiums due prior to the deferred date have been paid under CDA
or CAP policies the cash option under CDA policy and sum equal to
half of the premiums paid under CAP policy shall be paid to the
Karta of HUF.
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