Formation of Hindu Undivided Family
Form a HUF with Senixa Legal in a very easy & quick way at the nomial price INR 3999/- only.
Form a HUF with Senixa Legal in a very easy & quick way at the nomial price INR 3999/- only.
HUF means “Hindu Undivided Family”. It is treated as a ‘person’ under section 2(31) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). HUF is a separate entity for the purpose of assessment under the Act.
Under Hindu Law, a HUF is a family that consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters. A HUF cannot be created under a contract, it is created automatically in a Hindu Family.
Jain and Sikh families even though are not governed by the Hindu Law, but are treated as HUF under the Act.
• Hindu Undivided Family should only be formed by a family.
• Hindu Undivided Family is automatically created for a newly added member of the family at the time of their marriage.
• Hindu Undivided Family in general consists of a common ancestor and all of his descents including their daughters and wives,
• Buddhists, Jains, Hindus, and Sikhs can form HUF.
• HUF often has assets which come as will, gift, or ancestral property,
• Once the Hindu Undivided Family is created, the bank account should be created in the name of the HUF. A PAN number will be generated in the name of HUF.
One of the major advantages of the Hindu Undivided Family is that it is viewed as a separate legal entity. This entitles HUF to obtain a separate PAN card and bank accounts in the name of the HUF.
monetary gift up to INR 50000 may be received in cash, cheque, draft, etc by an individual/ HUF is free from income tax. Also, a gift by Karta to his daughter on her marriage is exempted from taxation.
HUF is very easy to form. It comes into existence merely by a HUF Deed. It is a formal legal document on a stamp paper which clearly states the names of the ‘Karta’ and the co-parceners (other members)
By creating a HUF, you get an additional PAN Card which would be legally acceptable as well as to avail the tax benefits. As the new PAN CARD in the name of a HUF is created, the family can pay its tax individually.
Each member has an equal right to the property owned by a HUF. New members that get added to the family by way of birth or marriage also have an equal share in the property. An even unborn child in the womb of the mother will have equal rights.
Inheritance can be accepted in Hindu Undivided Family’s name. The legal heir would have a vested interest in the legacy after the death of the person who made the Will, his children are also considered legal heirs to the property so inherited.
• PAN Card
• Identity Proof (Driving License/Passport/Voter ID)
• Address proof (Electricity Bill or any other utility bill)
Ready with all documents & draft the HUF Deed
Verification of Documents
Executing HUF Deed
Get PAN & TAN
How can a HUF be created? Who can be members of a HUF?
The birth of a son in a Hindu joint family automatically makes him a member of the HUF. In view of this, all-male members and unmarried daughters automatically become members of the HUF. In addition to that, if a child is adopted, then he also becomes a member of the HUF. Moreover, upon marriage, a wife becomes a member of her husband’s joint family.
Does HUF arise from a contract?
No HUF arises only from status.
Does HUF include the wives and daughters of the above-said persons?
Yes. A family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters.
What is the ancestral property?
It is the property, which a man inherits from any of his three immediate male ancestors, i.e., father, grandfather, and great-grandfather.
Can there be HUF with only female members?
Yes. As so long as the property which was original of the joint Hindu family remains in the hands of the widows of the member of the family and is not divided, HUF can continue with female members.
Can Karta gift HUF property?
Gift by Karta of HUF, movable property, or an immovable property within reasonable limits in favor of his daughter is permissible on the occasion of her marriage.
Who can claim a share in the partition?
All members;
A son in the womb of his mother at the time of partition;
Mother;
Wife.
Whether a single person can constitute HUF?
No. A single person cannot constitute HUF. There has to be a minimum of two members to constitute a HUF.
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