H u f laws
krishna
(Querist) 15 October 2015
This query is : Resolved
My husband, his two married brothers and one unmarried sister, mother and father are residing at the same house and are running a shop jointly. They are assessed as individuals in income tax. I want to prove that it is a HUF family and the property belongs to joint family property.
1.What proofs I would require to prove that this family is a HUF family.
Anirudh
(Expert) 15 October 2015
First understand. IF individual property is shown as HUF property, then the family members stand to gain. But, instead of claiming so, the members of the family are filing income tax return as individuals and not as HUF.
Therefore, if you want to say that the property owned by the family is 'HUF' or joint family property, it is for you to bring whatever documents / evidence at your disposal. If you bring any evidence / document, after going through, it is possible to say whether it will be a good evidence to provide your case.
It is not for us to suggest what documents / evidence one should bring.
P. Venu
(Expert) 15 October 2015
What is the stand of your husband, his siblings and their parents on the issue?
Rajendra K Goyal
(Expert) 15 October 2015
Is HUF exist and filing return as HUF also?
In whose name the property is?
krishna
(Querist) 15 October 2015
My husband, his two married brothers and one unmarried sister, mother and father are residing at the same house and are running a shop jointly.
Property is on the name my father in-law.
They are filing individuals return in income tax.
They are living together.At same address.
They are running a shop jointly.
K.S.Srinivas
(Expert) 17 October 2015
Why you want to prove that the property belongs to HUF. What is your interest this case.
T. Kalaiselvan, Advocate
(Expert) 18 October 2015
All these are not sufficient enough to prove that the property or business comes under HUF. They are living as joint family having individual income and they may be doing the business jointly but it may be on a partnership arrangement also.
Paying income tax as HUF is beneficial than paying them individually, so there is no reason to believe it to be a HUF property or business.
If you are contemplating to file a partition sit on the basis of a share to your son as a coparcener in the HUF property, you may have to secure proper evidences for it so that your action does not back fires your action/intention.
krishna
(Querist) 20 October 2015
I want file partition suit on behalf of my son on my in-law HUF Property
