11 facts on Hindu Undivided Family

You may have come across the term several times. But how well do you understand this legal concept?

Hindu Undivided Family (HUF) is a term one hears all the time in legal-financial contexts. Even though you may have some idea of what it means, chances are several complex legal points may have skipped your notice. This guide would act as a quick recap on those legal aspects of an HUF, an oft-used legal institution in India for tax saving purposes.

See also: Who is an heir and what is inheritance?

 

Who can be part of an HUF?

An HUF consists of all persons directly descended from a common ancestor. These include the wives and daughters of the male descendants. Apart from Hindus, Jain, Sikh and Buddhist families can also create an HUF.

 

What does an HUF consist of?

An HUF has a Karta, typically the eldest person or head of the family. Other family members are co-parceners or just members of the HUF.

 

How is an HUF created?

A Hindu Undivided Family cannot be created under a contract. It is created automatically in a Hindu family.

 

Who can be the Karta of an HUF?

After death of the Karta of an HUF, the senior most coparcener becomes Karta of the HUF.

 

Can any member of an HUF be a Karta?

Under the Hindu Law only a coparcener can be become Karta of an HUF.

 

Can women be Karta of an HUF?

Women who join an HUF through matrimony are members and not coparceners.

 

What is the position of daughters in an HUF?

Once a daughter is married, she becomes a member of her husband’s HUF, while continuing to be a coparcener in her father’s HUF.

 

How is income of HUFs treated?

The Hindu Undivided Family is treated as a ‘person’ under section 2(31) of the Income-tax Act, 1961, for the purpose of assessment under the Act.

 

Does HUF require a separate PAN?

HUF has its own Permanent Account Number (PAN).

 

How can an HUF be dissolved?

Once a joint family’s income is assessed as an HUF, it will continue to be so until the coparceners opt for a partition.

 

Can coparceners of an HUF gift property?

Coparceners of an HUF cannot gift or transfer their rights in the assets of the HUF during their lifetime. But, they can bequeath their share in the HUF assets through a Will.

 

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at [email protected]

 

 

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