Huf property
ashpur
(Querist) 07 April 2012
This query is : Resolved
Dear Gurus,
My client Mrs X got married in 1997, her father gifted her a flat in 2002, which she has rented and the rent is included in her income. Now her husband has formed HUF and taken HUF PAN card and opened HUF bank Account. Can she show the rent income in HUF income by taking deed from her father that his intention was that the money should be used for the benefit of her family and property is HUF property.
Please advise taking into account fact "Being not a juristic person like a company, the HUF cannot own properties in its own name. Being not a "person" in a legal sense,it is not competent to contract"
Please advise
A V Vishal
(Expert) 07 April 2012
No the woman is only a member in her husband's HUF( unlike co-parcener in father's HUF) she cannot club her self acquired property in the husband's HUF
SAINATH DEVALLA
(Expert) 07 April 2012
Dear Ashpur,
Hindu undivided family is a legal term related to the Hindu Marriage Act.The Hindu Succession (Amendment) Act 2005 has given equal rights to male and female in the matters of inheritance as a result a daughter also acquires status of coparcener.
Some experts also believe that in absence of any male member or only/all male member(s) is/are minor even a female member can become Kartha / manager of HUF after 2005.
Though the property is gifted by her father,she cannot include it in her husband's HUF.
Raj Kumar Makkad
(Expert) 07 April 2012
I do endorse the views of both the experts.
