Purchase of immovable property by a HUF

This query is : Resolved 

31 January 2011 Can a HUF purchase an immovable property. What are the exemptions available to it , if the property is self occupied by the members of HUF.

The karta of HUF is residing with his family in a house which is in the name of his wife and claiming HRA deduction.

Now, can he purchase one residential property in the name of HUF for investment purpose. What are the exemptions available as regards interest on home loan and principal repayment.

01 February 2011 Can a HUF purchase an immovable property.

Ans: Yes.

What are the exemptions available to it , if the property is self occupied by the members of HUF.

Ans: It will be treated as Self Occupied Property. And its Net Annual Value will be Zero.

01 February 2011 The karta of HUF is residing with his family in a house which is in the name of his wife and claiming HRA deduction.


The Rental Income has to be shown by the wife of Karta in Her Return of Income.


(There is no problem if karta lives with his wife & family in a house.)

01 February 2011 Now, can he purchase one residential property in the name of HUF for investment purpose. What are the exemptions available as regards interest on home loan and principal repayment.

Ans :Yes. One more house can be purchased by HUF. If HUF is having more than one house then on its option one house will be treated as self occupied and another will be treated as deemed let out property.
Interest on Housing Loan and Principal repayment will be available to HUF.

02 February 2011 Sir, thanx for your valuable guidance.
I have one more doubt.

I will again present the facts of the case before you.

One of my client is a salaried employee getting HRA and claiming exemption as the house is in name of his wife.
Now he has created HUF . He is now planning to purchase a house in the name of HUF.He himself is the karta of HUF.

Now my query is what are the implications on HRA benefits as well as interest on loan and repayment of housing loan.

03 February 2011 In presenting my view on this issue I would remain on defensive side which may
have some contradictions with the tax-planners.

HUF and Individual are two different persons and each of them is having an option to claim one house property as self -occupied. As such 2 SOPs.
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But it should be supported by not only fact that no other benefits or rent is derived by the properties, but also be supported by the actual possession, usage and purposes.
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If family is consisting of other major members also , except husband and wife, the house of HUF may be shown as SOP for the purpose of staying for guests, study purpose, Occasional Requirements, or for the purpose of residence of members of the family. The House belonging to Individual may be used for normal residence purpose.
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In the light of above discussion if the things are not manageable, then the HUF house may be shown as let out property and
interest and loan-pmt deductions can be claimed by the HUF. Individual can continue to enjoy HRA benefits as such.
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