• Mar
  • 25
  • 2015

Create HUF to save tax & Format of HUF Creation Deed

Article ID 7309 | Posted In Income Tax | , | 99 Comments » Print Friendly and PDF
KEY POINTS IN CREATION OF HUF AND FORMAT OF DEED FOR CREATION OF HUF

1. Under the Income Tax Act, an HUF is a separate entity for the purpose of income tax return.

2. The same tax slabs are applicable to HUF as to individual assessee.

3. You can not transfer your own assets/money into HUF.

4. If you have ancestral property and earning some income from this property, then it is better to transfer this asset to HUF and save tax up to exemption limit applicable to individual.

5. You can transfer the money received on sale of ancestral property /assets into your HUF.

6. The income from property of HUF can be further invested in instruments such as shares, mutual funds, etc. and will be assessed under HUF.

7. Existence of property or multiple members is not a pre-requisite to create HUF. A family which does not own any property may still have the character of Hindu joint family. This jointness is understood in terms of faith and food. This is because as a Hindu is born as a member of the joint family.

8. Any gifts received by the members of HUF (birthday, marriage, etc.) can be treated as assets of HUF.

9. The HUF is taxable as separate person under income tax hence one can save tax from basic exemption of Rs. 2.5 lakh. HUF will also gain from the tax slab structure of computing income tax.

10. Apart from basic exemption of Rs. 2.50  lakh, section 80C deduction up to Rs. 1.50 lakh is also available.

11. For example, if you are in 30% tax bracket, then approx tax saving by creating an HUF will be as follows:

  • Basic exemption up to Rs. 2,50,000 = nil
  • Rs. 2,50,000-5,00,000 @10% = Rs. 25,000
  • Rs. 5,00,000-10,00,000 @20% = Rs. 1,00,000
  • 80C deductions Rs. 1,50,000
  • Therefore total tax payable for HUF on income of Rs. 6,50,000 is only Rs. 25,000.
  • If this income of Rs. 6,50,000 is taxed in individual hand @ 30% tax due is Rs. 1,95,000.
  • Hence, you can save a total of Rs. 1,70,000 by creating an HUF and transferring ancestral property income and other income under HUF.
12. We should also keep in mins the latest amendment vide Finance Bill 2012 by which it proposed to tax all unexplained Income in Return of Income @ 30% without giving basic Exemption limit from A.Y. 2012-13 – Read More – Budget 2012 – No Basic Exemption on Unexplained Income – To be taxed at 30 percent
FORMAT OF HUF CREATION DEEDS

FORMAT-I

DECLARATION

 

I, ____________________________ son Of ___________________________________ Residing at ____________________________________________ aged ___Adult do hereby declare-

 

  1. That I am Karta of ____________________________________________

 

  1. That I received on behalf of the H U F gift of Rs. ___________ by way of CASH/CHEAUE from my FATHER ________________________________(name of relative of karta of HUF)   on  dt. _______________ this formed the corpus of the HUF.

 

  1. That the HUF at present is consisting of the followings members-

                                    

 

I)                   Shri _____________________, Adult, Residing at _________________

II)                 Smt. _____________________, Adult, Residing at _________________

III)              Kumari _________________-Minor, Residing at ___________________

 

  1. That the above statements are true to the best of my knowledge & belief. Declare this on  _________________

 

WITNESS:                                                                              Signature

 

 

1. ————————————–

                                                                                  ————————————

2. ————————————–                                   (_____________________)

—————————————————————————————————-

—————————————————————————————————————-

FORMAT- II

[To be executed on Rs. 200 Stamp Paper in Maharashtra]

 DECLARATION OF GIFT MADE BY ________________________

TO THE HINDU UNDIVIDED FAMILY OF ___________________

I, _____________________________, residing at _______________________ ____________________________________________________________, do hereby declare and affirm as under:

1.       That out of natural love and affection borne by me towards the Hindu Undivided Family of ______________________________,  I have made a gift of Rs.______ (Rupees _________________ only) as per the following details:

 

By Cheque No.________, dated __________, drawn on Bank ____________________,  ________________ Branch, in favour of ________________________ HUF.

2.       The above Gift has been duly accepted by ________________________,  as Karta of his Hindu Undivided Family and has been duly acknowledged hereunder.

 

3.       This Declaration of Gift is made to record the fact that I have made this Gift in favour of the Donee as above, who now has the absolute right, title and interest in the gifted amount.

 

Date: ___________, 200__                                 ___________________

 

                                                                        (Signature of the Donor)

 

ACKNOWLEDGEMENT OF GIFT

 I, ________________________, hereby acknowledge having received the above gift made to my Hindu Undivided Family by _________________________.

                                                                       

Date: ___________, 200__                                 ___________________

                                                                        (Signature of the Donee
                                                                        as Karta of his HUF)

(Republished with Amendments)

Also Read-  Creation of HUF – Tax Planning Advantage


  • Rajesh G

    We have four floor in a single building and want to gift two floor out of those to HUF,its an ancestry property.

    Which format we should use to form an HUF and to gift property in HUF from individual ?

    Would it be legal as per Income Tax ?

  • sandeep mankani

    Is it neccessary to make a deed everytime one makes a deposit into HUF.

    For examples,

    If my mother gives my HUF account a cheque of eg 2 lacs , Can I deposit it as is or do I need to make a deed to show a proper legitimate transaction.

    Again if I have some amount in FD’S which I want to withdraw and deposit into my HUF account , do I need a to make a deed for that OR can i deposit cheque from mine to my HUF ACCOUNT AS IS.

    Someone was saying with deed the transaction becomes permanent and we give up rights to that money , which cannot be taken back by us . Without deed it is a temporary transaction where one can take back the money any time and there is no legitimacy in transaction.This is then applicable for tax authorities .

    PLEASE ADVISE AS DO NOT UNDERSTAND HOW TO PROCEED.

    • sandeep mankani

      Is it neccessary to make a deed everytime one makes a deposit into HUF.

      For examples,

      If my mother gives my HUF account a cheque of eg 2 lacs , Can I deposit it as is or do I need to make a deed to show a proper legitimate transaction.

      Again if I have some amount in FD’S which I want to withdraw and deposit into my HUF account , do I need a to make a deed for that OR can i deposit cheque from mine to my HUF ACCOUNT AS IS.

      Someone was saying with deed the transaction becomes permanent and we give up rights to that money , which cannot be taken back by us . Without deed it is a temporary transaction where one can take back the money any time and there is no legitimacy in transaction.This is then applicable for tax authorities .

      PLEASE ADVISE AS DO NOT UNDERSTAND HOW TO PROCEED.

  • JANAVI

    if income was cross the limit of rs.10,00,000.00 then huf account apply service tax or not?

  • shefali

    hi on wat value of stamp paper should a declaration deed be formed for an huf in new delhi 2) can a woman be a karta even if male is alive 3)if male is karta can it be provided in deed that the woman members also have the authority to manage funds, 4)is huf fd is made in name of karta huf or can be done in name of all adult members, 5)who can an huf make a nominee in its bank fds,6)after an huf is made after wat period can the karta relinquesh his right to management in favour of another member say his spouse who is the senior most after him

  • Udaykumar Trivedi

    good to learn. But clarity require to understand exact procedure :
    1.In case when Karta expired, whether new deed is require ? If no addition or deletion of family members.
    2. In case if addition of members to be made after death of Karta, what is the procedure to be followed to keep bank account continue and to keep demat account continue ?
    Awaiting your reply.

  • S C SHARMA

    How much much amount can be gifted to HUF ,and by who all .What is the tax liability.

  • Anirudh

    My father has transfered his HUF to me.

    Can I make another HUF in my own name. i.e. can I have 2 HUF?

  • Rawal Singh bhati

    I Advise you while excuting HUF please go to Advocate . Not to CA.

    Since C.A. has only expertise in tax laws , but Advocate has expertise in Hindu Law.

    Tax laws are supplementry to main hindu law.

    After 2000 there is no anscestral property system, as hindu law it dissolve automaticaly in individual share

  • sekar

    i have created huf and obtained PAN Card .How i will show all our assests and FDS in the return. FDs are last two years

  • Puttaraju S

    Rajiv A Punjabhi ,

    This is a matter of controversy because upon marriage of a female, she will no longer be a member of the father’s HUF.. The decision and interpretation is in the hands of the assessing officer

  • Puttaraju S

    Mr.Sunil,

    Usually the eldermost person will be the kartha, and also as per the IT act gifts can be transacted b/w the individual members and the HUF(considered as relatives).
    But as you have a daughter, remember that upon marriage she will no longer be a member of your HUF, instead she will become a member of her husband’s HUF.

    This is a matter of controversy

  • Puttaraju S

    Rajib Chakrobarty,

    any male, married person of the Hindu religion can create his own HUF

  • Puttaraju S

    Hema,

    gifts b/w the individual members and the HUF are not liable to tax. But remember, once the individual transfers a property to the HUF, that person loses his authority over it. Because it is now the property of the HUF and all the members therein have a right

  • CA Subhasis

    Dear Rajib

    Yes you could form HUF.

    Dear Sunil
    My answer to your queries are given hereunder :
    1) Yes
    2) Yes
    3) You and your wife could gift to any other member of HUF in a particular occasion and that gift will become HUF property. There is no limit of such gift but sources need to be disclosed.
    4) No
    sbanerjee076@gmail.com

    • AJAY

      Hi Subhasis,

      I have a query on gift by a member of HUF. Karta and all its co-parceners are the members of the said HUF. Can any one of them make any Gift to the said HUF and what is the treatment if the HUF earns income from that Gift Received.

  • CA Nilesh Gupta

    In my opinion, HUF is a status enjoyed by every Hindu. Each hindu male individual, immediately upon getting married, gets this HUF status and his hindu undivided family starts.
    Hence the HUF is status which every married hindu male person enjoyed. It is only in the eye of Income-tax we recognise this status. Else it is in any case available since marriage.
    The gift deeds and other documents are just to satisfy banks to open a bank account etc because of lack of awareness on their part, else the marriage certificate is good enough to claim the status.
    CA Nilesh Gupta
    nileshgupaca@gmail.com

  • Rajib Chakraborty

    i am a bengali my question is can I create HUF file….?

  • sunil

    NAMASKAR SIR,

    I AM govt employee AND MY WIFE IS A GOVT. TEACHER, I HAVE 1 CHILD (FEMALE 3 YEAR).

    NOW I WANT TO FORM HUF AND I WILL BE THE KARTA OF THE HUF…… MY QUESTION IS AS FOLLOWS :

    1. MAY I FORM HUF ?
    2. I WILL BE THE KARTA?
    3. CAN WE (ME AND MY WIFE) CAN GIFT TO HUF? AND HOW MUCH? THERE IS ANY LIMIT?
    4. INCOME FROM HUF IS CLUBBED IN ANY OF US (ME AND MY WIFE) ?

    THANKS AND REGARDS

  • vinod

    dear sir,
    my wife is govt teacher but as per rule govt employee is not authorised for doing other business.i want to create insurance agency on my wife name .can i create insurance agency on my wife name in HUF account .she is eligible .pls clear

  • SUBHENDU SAHA

    dear sir,
    Iam 34 yrs.I have one daughter. we are ruled by hindu dayabhaga school.can i make ancestral HUF in my name

  • p k bose

    hello sir, I have a family of three members. i am an individual tax payer and am retired and a senior citizen .I am now interested in starting a HUF with myself as the KARTA of it.
    could you please tell me if I will still be able to get taxed individually and separately along with being the karta of the HUF which will also be taxed after its creation??
    Also if I gift any amount to the HUF account , will it be exempted from my individual income ( like the way PPF is exempted from taxation on individual income )

  • Gaurav Chhipa

    SIR
    My father is in Govt Job. My younger brother started business. Now we can make a HUF in name of my father along with Govt. job.

  • Rajiv A Punjabhi

    Dear Sir.
    My question is that my father in law has given a gift (in the form of cheque) to my my daughter i.e. his grand daughter from his HUF account.
    Is that amount taxable?
    Kindly clarify.
    Regards
    Rajiv A Punjabhi
    rajivapunjabhi@yahoo.com

  • ASHISH KAMTHANIA

    NAMASKAR SIR,

    I AM ADVOCATE AND MY WIFE IS A GOVT. TEACHER, I HAVE 3 CHILDREN (1.ARNIMA FEMALE AGE 11YEAR, 2.ARYAM MALE AGE 8 AND 3 SIDDHI FEMALE 3 YEAR).

    NOW I WANT TO FORM HUF AND I WILL BE THE KARTA OF THE HUF…… MY QUESTION IS AS FOLLOWS :

    1. MAY I FORM HUF ?
    2. I WILL BE THE KARTA?
    3. CAN WE (ME AND MY WIFE) CAN GIFT TO HUF? AND HOW MUCH? THERE IS ANY LIMIT?
    4. INCOME FROM HUF IS CLUBBED IN ANY OF US (ME AND MY WIFE) ?

    THANKS AND REGARDS

    (ASHISH KAMTHANIA)
    9258010105
    KAMTHANIYA@GMAIL.COM

  • Bijay Kumar Das

    can HUF give a gift to one of the members of HUF

  • CS Ravi Aggarwal

    I Want to create a HUF Constitution Deed & I am facing littlebit issue to decide Format of HUF Constitution Deed, please let me know if any format of deed but without any gift transaction enter it.

  • vinod

    I am retiring this month. how can i form huf.what formalties wiil have to be done. can i transfer my funds to HUF even being KARTAand invest that money in Bank FDs. what will be its taxibility as an individual and that of Karta

  • vinod

    I am retiring this month. how can i form huf.what formalties wiil have to be done. can i transfer my funds to HUF even being KARTA

  • PRANJL

    Sir,
    Can a government servant create an HUF to get tax benefits from bank’s fixed deposits?

  • manish

    sir, presently i do our propritorship bussiness, cai i make huf firm by in the name of me, ihave wife, with 2 childrens. please suggest me

  • sumit

    1- I already have a HUF, pan card and an account but never got the deed. Can i still get the deed done? Do i need to get the deed?
    * Do I need to get it done on Stamp Paper or on a plain paper as shown in the format. Please advise me how to execute it ?
    2- Want to know that Vikram Shah Individual can give git to Vikram Shah HUF ??

    if any tax applicable or not ??
    3- If Individual can gift to HUF than what is Maximum Limit for the gift

    Sumit

  • sumit

    Hi,

    1- I already have a HUF, pan card and an account but never got the deed. Can i still get the deed done? Do i need to get the deed?
    * Do I need to get it done on Stamp Paper or on a plain paper as shown in the format. Please advise me how to execute it ?
    2- Want to know that Vikram Shah Individual can give git to Vikram Shah HUF ??

    if any tax applicable or not ??
    3- If Individual can gift to HUF than what is Maximum Limit for the gift

    Sumit

  • VIkram Shah

    Dear Sir,

    If Individual can gift to HUF than what is Maximum Limit for the gift

    Vikram Shah
    Surat

  • VIkram Shah

    Dear Sir,

    I Want to know that Vikram Shah Individual can give git to Vikram Shah HUF ??

    if any tax applicable or not ???

    Please reply thanks

  • CA Aditya Chandak

    Dear Ashok,

    Yup one can definitely gift to his HUF. Cheers. :)

    Thanks

  • CA Aditya Chandak

    Dear Bibek,

    Its not the high time, don’t worry, u can still do ur HUF deed done.

    Thanks & Regards

  • CA Aditya Chandak

    Dear Sandeep,

    U can definitely do that until n unless ur job appointment letter restrained u from such act.. :)

    Thanks

  • SANDEEP

    SIR
    My father,mother and me are in Govt Job. My younger brother started business with one crore rupees. Now we can make a HUF in name of my father and make business jointly along with my govt. service.

  • bibek ranjan

    Dear Sir,
    I already have a HUF, pan card and an account but never got the deed. Can i still get the deed done? Do i need to get the deed?
    * Do I need to get it done on Stamp Paper or on a plain paper as shown in the format. Please advise me how to execute it,Please sent a format. ?

    Please advise

  • Ashok Kumar Goyal

    One Question
    Can gift give Anil Kumar to Anil Kumar Huf for New Huf file creating,
    means self can give to self karta for new huf file.
    thanks

  • PRAMOD

    Dear All,

    I am a karta of HUF, a operation a firm under HUF in name of M/s Shree Ganesh Engineers & Cosnultants. I want to obtail TAN number in name of my firm. Kindly advice procedures for same.
    Regards,

  • Pravin Jadhav

    I am a salaried person & want to create HUF to run a business. However, my father is no more & there was no HUF before in my family. Can I form HUF? and how?

  • Surendra

    I have a HUF status and the family consists of self (Karta), wife and two married daughters. Married daughters are copancers as per amended act of 2005. Can the HUF continue after my death ? IF so, can my daughter be Karta ??

  • Charu

    My husband is a salaried employee and we have one son. Can we form a HUF?. We don’t have any business income and do not have any ancestral property

  • Pavan Upadhyay

    Dear Sir,
     Can i transfer or Gift funds from my individual income tax file to my HUF File to avoid tax.  i want to make my individual file empty.

    Please suggest me.

    Thanks & Regards
    Pavan Upadhyay

  • ASHISH AGRAWAL

    SANDEEP JI
    our case is in SRUTINY in which assessee is huf shown as income commission as 500000/- apart from trading income of KEROSINE . A.O wants to add commission income 500000/- in individual capacity and taxed 30 % .PL HELP US WITH SUITABLE CASE LAWS.

  • B N Patel

    Dear sir,

    I want to disolve my HUF form before 25 years,benefisiary are my son and two daughter all are major.

    Huf also have some agricalture land, can I as a karta dissolve ,sign and execute partition. My question,do I need signature of beneficiary or not..

    Please reply on priority .

    Thanks

    B N Patel

  • Sanjay

    Dear Sir

    I have some question about My Income tax return file.

    1. I take pan card No. 2009
    2. Till Date i not income tax return file due to my income is not taxable up to 31.03.2011

    3. I married on Jan 2007 and that time i got aproximate 28 lac cash gift and 20grm Glod items and 8-9Kg silver items. as on marrige Reseption day throw all my friends,relative more than 700-800 member and i recived blesing with my faimaly and my spouse faimly with cash gift as per Hindu marrige custom after marrige giveing by faimly and friends. when i ask to charted accountant he say marrige gift is tax free so you not requier Tax return file.
    and i not file.

    4. I recived Cash gift by my Uncle( Father’s brother) Rs. 951000/- on 2005.
    5. I received cash gift from my mother-in-law Rs. 1100000/- on the time of my doughter brith. 6. Year 2007 i recived cash gift from my father&mother Rs. 25lac. 7. i start lease-licence base agriculture work 45Bigha land and i got 22lac loss in two year for the year 2008-09/200910 . 8. This year i start business and i pay 10lac advance tax. 9. I want to income tax return file for last 5year from 2007-08 to 2011-12 how i file pl. gide me.

  • N K Tomar

    Sir
    My father expired on 6.11.2010 & he was having ag.land in his name.after trf. the above property in my name,can I create HUF from that date.I am married & having 1 son also.I am today only individual assessee only & want to create HUF after father death.Please answer ,its urgent.The ag. land was priveously in name of my grandfather, then to father & now to my name. Is it necessary to transfer ag. land in the name of so created HUF? if yes, how?

  • Piyush

    I am the karta of my fathers HUF. Now if i want to start an HUF of my own is it possible for one person to be karta for two HUF accounts.
    Am getting varied opinions from different Chartered accountants. Thks

  • Nath

    I’m the Kartha and have an HUF a/c.
    Various deposits have been made by my parents to this a/c as gifts. I have never made an deed so far for opening or operating this a/c (HUF creation deed) nor has any ‘Declaration of gift’ ever been made as the bank never asked for same.
    Kindly confirm if both these documents need to be issued for every transcation.

  • R.P.Mukherjee

    Can any Hindu adult Male create HUF ? Whether a Bengali Bramhin Adult Male will be able to create HUF ? Please advise.

  • Deepesh

    Sir I want to create HUF of my father and my mother has a house property in her individual name. I also have a sister who is married. whether the property in my mother’s name get automatically converted into HUF property and After the death of my mother is it possible that my sister claims the partition out of the said propery, my mother also has a will to transfer the property in my name and the will is registered

  • CA. Bhavesh Savla

    Dear Sir

    With due respect, I do not think that any deed is required to form an HUF. A HUF is created after marriage and one can receive gifts from anyone. In fact  

  • himanshu shah

    how a salaried person can get benefited with HUF I am any way having tax deducted at source by 30 % Please guide???

  • mallikarjun

    sir,
    I have a huf account and given interest free loan to my huf account. which my huf has fixed deposit in bank. will there be interest clubbing provision for me in future. also my huf income is less than tax slab so i have not return file for it. pls advice.

    • Narendra teli

      dear,
      you have given loan to your huf account. Further HUF diposited it into FD or Bank account. It is clear that you transfer your fund/assets to HUF without any or sufician considration so it is your own fund. Subsequently section 64(2) will apply to you. and interest income will be included to you. you self liable to pay tax on interest if your net income is more than limite.
      furthe you asked that if HUF has not taxable income than it is essential or not to file return. the section 139(1) says that any indivisual, HUF has net income more than exemption limite is lible to file Income Tax Return. in your case HUF has income not more than exemption limite so you not lible to file return.

      • mallikarjun

        I have taken tax free loan from my dad from his retirement benfits by cheque which i have not paid back. I have put my funds in my huf as tax free loans which can be clubbed under section 64(2) so can i make adeed by my father saying my dad has given the loan amount paid to me as gift to my HUF from date of huf formation. and the rest money which i have given to huf can i make a gift deed by myself karta to my huf and avoid clubbing provision.Give me ur email id or contact no for any further consultancy.

  • Rajeshwar Datt

    Dear Sir !
    Can you give the complete details on Formation & running of HUF

  • muralidhar

    I am married with two sons. if i want to have HUF Status. need i have to register with any regulatory or are there any formats , how do i open abank Account and register myself as an asseesse under IT act as HUf

  • Sonal

    Sir,
    I would like to ask, if suppose a person doesnot have a son, can he not create an HUF? If answer is in affirmative, then what are the basics requirements that need to be fulfilled?

  • Nitaj

    Hi,

    I already have a HUF, pan card and an account but never got the deed. Can i still get the deed done? Do i need to get the deed?
    * Do I need to get it done on Stamp Paper or on a plain paper as shown in the format. Please advise me how to execute it ?
    * I dont live in Maharashtra, do i still need to get the DECLARATION OF GIFT MADE?
    The ammount was gifted two years back.

    Please advise

  • http://yahoo.com Kuashal

    Dear Mr. Sandeep,

    i am having my single and HUF account in HDFC Bank. i would like to have internet banking which include my both account. Now can i transfer my HUF money into my individual account legally. Please guide urgently.

    • http://www.sandeepkanoi.com admin

      To avoid future litigation’s its better to pay from individual account only.

  • Kiran

    Dear Sir,

    I am getting Income by commission on sale. Can I split the same income in HUF and Indiviual returns ????

    Is any problem on spliting income from Income tax point of view ???

  • Aman Gupta

    I have existing H.U.F account formed in 2006.I want to know can my mother who is also member of HUF can gift to
    my HUf account what would be the tax implications.

  • rahul

    purana HO GAya…………..
    update karo

  • MANOJ

    cab karta or head of family gift any amount to HUF and in the gift deed what he will write for HUF name. suppose mr. ram is married and wants to create HUF. ram wants to gift rs. 10,00,000 to huf. now in the gift deed what ram will write.

    • Mukund Surana

      Sir,
      That my friend had no parents this time.i want to know than how can he creats huf. they are total 4 members infamily 2+2.
      kindly reply

  • Hema

    I appreciate your motive and understand your difficulty Sir! Just wanted to know the time frame to expect the answer.
    All the Best! Thank You.

    • http://taxguru.in/members/admin/ admin

      Why dont you post your question to expert section . Where our expert reply to the questions posted to them

  • Hema

    When will the admin of this site reply?

    • http://taxguru.in/members/admin/ admin

      Hi- Maintaining such a big site with no profit motive takes a lots of time so its not possible for me to reply all the questions. Kindly bare with me.

  • Hema

    Can an Individual give personal Asset to his own HUF and create HUF? For Ex: Mr. X gives say 1 lac Re. as Gift to Mr. X’s HUF. X’s HUF consists of Mr.X, Mrs. X, Daughter.
    Pl advice.

  • mahendra joshi

    i want to creat my on huf can i creat by gifting my personnel assets into my huf assets.

  • Himanshu

    a family business carried by father and a son & family consist of wives of above & grand children
    can they form HUF?

  • Himanshu

    In HUF if Karta is senior citizen then what will be slab?
    Is it same as senior citizen, i.e. Exempted upto 2.4 lakh
    reply

  • HIREN PANDYA

    In my family, have myself, my wife and one daughter. So, can I create HUF ? There are only three members including karta. Out of one is only daughter.

  • vivekanand

    i want a loan on my huf from a bank can i have it without any collateral security for my day to day business

  • Paresh Ravaya

    my friend father expired on 2/3/2010 & he was having ag.land in his name.after trf. the above property in my friends name,can he create HUF from that date.He is married & having 2 sons also.He is today only individual assessee only & want to create HUF after father death.Please answer ,its urgent.The ag. land was priveously in name of my friends grandfather, then to father & now to his name.

  • Mohan

    I want to know where can a HUF save in regards to section 80c (1 lakh) tax savings. i know we can take NSC but what other can be taken.

    • Mukund Surana

      You can invest 1 Lac in Mutual Fund Tax Plan & enjoy 80 cc benifit

  • suresh

    Thanks for sharing such a information

  • T.K.Kumar

    whether Declaration, Declaration of gift made, Acknowledgement are required to be executed on non-judicial stamp paper and what values at Noida (U.P.)? Till HUF is formed, can Karta open savings a/c in a bank anf have PAN?

  • Anbu

    I am creating a HUF with my wife, son and daughter. My wife and her grand mother are legal heirs for my in-law properties and shares. In law has immovable property and shares. Both mother-in law and father-in law were passed away. My question is, can i attach/take the assets from in-laws into the newly created HUF?

  • suman doshi

    Thanks for detailed information on HUF. May I know one thing ? My father’s HUF is going to be dissolved & partitioned. He has three major sons, their wives, gransons, their wives. Will all these members get the share ? Father really wants to distribute HUF’s assets in above manner.

  • YASHPAL

    hi thanks for info.can karta and head of huf gift to huf from hid assests.thanks

  • saurabh jain

    I am a married man ,i did not hve any child yet can i make huf for my self. please let me know about the rules how to make huf firm so that zi can tell to my c.a ,as he says that I can not make my huf firm if I did not have any child.

    • http://www.taxguru.in Sandeep Kanoi

      Child Not Required to create huf:- As per Guwahati High court in the case of Arjun Kumar Jhunjhunwalla & Sons(1997) a Single male member, after marriage can form HUF.

      Even with daughter you can form huf:- Even in SC in Surjit Lal Chhabda case has ruled that Male member with wife and unmarried daughter can form HUF.

      Also in Madras High Court in the case of R. Subramania Iyer opined that “…Creation of Hindu Undivided Family is a God Gifted phenomenon. As soon as a married Hindu gets a Child, a new HUF, undisputadely comes into existence.

  • B.K.ARORA

    I purchased a flat in Delhi through bank loan, which is now fully paid. The flat is on rent, the income is added with my salary income and taxed. Now I want to create HUF and want to gift this flat to my HUF. Is it possible and how?

  • Sunil Mohta

    Dear sir,
    my father died on august 2006,
    my three sisters were married before the year 2001,are they still the co parcenors in my fathers h.u.f property,as per the new amendment of 9.9.2005

  • Umesh

    Hi Sandeep,

    Thanks for reply. What is the limit of Gift that i or my any relative can give to my huf ?

    Thanks in advance.

  • Umesh

    Dear sir,

    I want to creat HUF A/c. I do not have anyone to gift for my HUF. Can I (karta) give Interest Free loan to my HUF A/c ? If yes, then the bank interest earned by huf will only taxable, if there is no other income/business ? Also what will be effect on my individual IT return ?

    Pl reply.
    Thanks in advance.

    • http://intensedebate.com/people/sandeep_kan6931 sandeep_kan6931

      If you give Loan as Interest Free then it should be out of your interest free fund. Although clubbing provisions not applicable in respect of Loan by Individual to Huf but ITO is surely add the same to income of Individual.

      Instead of giving loan you gift the amount to HUF and it will not have any effect on your Income Tax Return.

      HUF being a group of Individuals can not have any blood relations , however the existance of HUF is based on existence of Individuals. Without Individuals there cannot be any HUF . As such , in my view the word Relative used in section is also in relation with HUF and gift received from any relative of any member of HUF should not be taxable .

  • http://thinksnaraynando.blogspot.com naraynan sethurao

    HUF accounts provide additional tax saving for those families with income from ancestral properties…I would like to downlowad these articles/formats..can I get it..?

  • http://thinksnaraynando.blogspot.com naraynan sethurao

    I need to download the format and the features of HUF accounts..Can I get it..?

    • Sandeep Kanoi

      I am not been able to understand what actually you need. Do u need some more info on HUF?