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Pursottam Jha   05 October 2023

Query huf

My wife and I have a joint residential flat on which she receives rental income. My query is:

1. Can we form a huf with three members, myself, my wife, and my son of 18 years where this rental income can be transferred into this HUF account.

2. Is it so that my wife after my death will have no legal right on this property as she is a female member and my son being a male member of HUF will have complete rights on this property?

3. can we three pay to the HUF account from our individual bank account?

4. Will the amount transferred from our individual bank account can be claimed as a gift so that we don't have to pay income tax on the transferred amount from our individual bank account?


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     06 October 2023

1. Yes you can start a HUF within your family members.

2. Your wife will be having rights as your legal heirs to claim her legitimate share in the property on your name.

3. Yes

4. there is no impediment to starting a new HUF by gift from family members.

Rental Income from property: Rental income from a property could be received on behalf of a HUF instead of an individual account. Business Income: Profits generated out of the family business, in the name of a HUF, shall be taxed accordingly and exemptions will give more leverage on tax saving.

Dr. J C Vashista (Advocate )     06 October 2023

I agree with the advise of expert Mr. T Kalaiselvan.

You may create HUF however, she cannot succeed you as Karta of the HUF after your death.

Calvin Bellantoni   16 October 2023

In an HUF, both male and female members have legal rights to the property. So, even after your demise, your wife will have a legal right to the property as a member of the HUF. The property rights within the HUF are not solely determined by gender but rather by the status as a coparcener or member of the HUF and haunt the house is the same.

Yes, all the members of the HUF can contribute to the HUF account from their individual bank accounts. However, it is recommended to maintain proper records and documentation of these contributions for transparency and legal compliance.


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