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Huf tax planning

CA. G.K. Gupta (Service) (311 Points)

12 March 2017

Hi I have a query. My father left leaving his own earned property. It was in his individual capacity & in his name. He died in 2009 and after his death it got transferred in my name in 2012 (not in name of my HUF). Now my query is Can I take this property in my HUF even though its title is in my individual name? If yes, how & procedure thereof?

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It is possible to transfer your individual property to a HUF. However, in accordance with the provisions of Section 64(2) of the Income Tax Act, 1961 (The Act) where, in the case of an individual being a member of Hindu Undivided Family, any property having been the separate property of the individual is converted by the individual into property belonging to the family through the act of impressing such separate property with the character of property belonging to the family or been transferred by the individual, directly or indirectly, to the family otherwise than for adequate consideration, then, for the purpose of computation of the total income of the individual under this Act for any assessment year commencing on or after the first day of April 1971.

The individual shall be deemed to have transferred the converted property, through the family, to the members of the family for being held by them jointly

The income derived from the converted property or any part thereof shall be deemed to arise to the individual and not to the family;

Provided that the income referred to in clause (b) shall, on being included in the total income of the individual, be excluded from the total income of the family. Therefore, in case the land on which you intend constructing the godown is transferred to the HUF, any income from such property shall be treated in the manner explained above.

https://www.tribuneindia.com/news/real-estate/query-zone/can-i-transfer-my-property-to-huf/292844.H T M L