HUF PARTICAN , GIFT TO

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This discussion explores the process of closing a Hindu Undivided Family (HUF) account and gifting its assets. The user wishes to close their HUF, which holds only shares and cash valued at Rs. 1.5 crore, and gift the funds to their sister and nephew, as their married daughters do not require the money. It's clarified that closing an HUF requires a complete partition of assets among all coparceners, not just the user's decision. While the daughters may consent to a smaller share or no share, partial partition is not recognised under the IT Act. A complete partition deed is recommended, and consulting a local legal advisor is advised for permanent closure.

Rajesh Damani

Rajesh Damani (Querist)

24 December 2021 IN MY HUF my two daughters are CO PERSONS AND BOTH ARE married, MY AGE IS 67 and HUF ACCOUNT I have ONLY SHARES.AND SMALL AMOUNT OF CASH only, which VALUED RS. 1.5 CORE
i WANTED TO CLOSE MY BUSINESS.i WANTED TO GIVE MY ALL FUNDS TO MY SISTER AND HIS only SON AS SHE HELPED ME LOT AND MY TO MARRIED DAUGHERS.
DO I HAVE TO CLOSE HUF AND TAKE CAPITAL IN MY PERSONAL ACCOUNT?

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

24 December 2021 You need to first close the HUF with complete partition of its assets among the existing coparceners. After that give the amount as gift to the relatives, provided your daughters agree to it.

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CA.Pujah

CA.Pujah (Expert)

24 December 2021 Closing HUF cannot be your sole decision. You need consent of other coparceners. If it is registered as an assessee, you need to intimate ITO too regarding the partition.

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Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

24 December 2021 Can you substantiate the statement::
"Closing HUF cannot be your sole decision. You need consent of other coparceners."

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Rajesh Damani

Rajesh Damani (Querist)

26 December 2021 Mr. RAMBHIA,
Thanks for your reply My two daughters are married and one is settled in USA and anther one in Mumbai, both do not any money from this HUF account. They do not have any objection
More i do not have any SON.
In USA if she get she has to pay 26% taxes. In such case can I take whole amount in my caqpital account make part patrician
Thank you Very much for your guidance,.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

26 December 2021 Partial Partition of HUF is not recognized under IT act.
Secondly, you yourself cannot get away with major share in HUF.
For that, under the said favorable conditions, go for Complete Partition Deed. It need not be registered.
Due to expenses incurred during marriage, daughters can settle for smaller amount of share in the HUF.
Contact local legal advisor to finally close the HUF account permanently.

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Rajesh Damani

Rajesh Damani (Querist)

26 December 2021 THANK YOU VERY MUCH RAMBHIA SIR,

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Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

27 December 2021 Most Welcome...

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