CREATION OF HUF

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This query is : Resolved

keyur (Querist)

19 November 2008 dear sirs,

my family includes total 3 members. myself-doing job, my wife-she is house wife and my 3 year old daughter.

can i form HUF??? if yes how??? what initially i need to do creation of HUF???

Ravikumar.G

Ravikumar.G (Expert)

19 November 2008 HUF is a creature of law. It cannot be "created" by act of parties, except in rare cases of adoption and reunion. Birth of a son in a Hindu joint family automatically makes him a member of the HUF. In view of this, all male members automatically become members of the HUF. In addition to that, if a child is adopted, then he also becomes a member of the HUF. Similarly, in case of reunion of erstwhile HUF family members, such reunited members become members of the reunited HUF. Moreover, upon marriage, wife becomes a member of her husband’s joint family.

Ravikumar.G

Ravikumar.G (Expert)

19 November 2008 A single person cannot constitute HUF. There has to be minimum two members to constitute a HUF. [Refer : C. Krishna Prasad v/s. CIT (1974) 97 ITR 493 (SC)]

G Muralidharan

G Muralidharan (Expert)

21 November 2008 I am of the view that if an outsider makes a gift with a direction that it is meant for the benefit of X family. Then it can be treated as corpus for HUF and to start activities thereafter under HUF

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

10 October 2021 You have perfect family. Any Gifts received at the time of your marriage, could be included as HUF corpus. The HUF was already established on the day !!

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