Can HUF be formed even a person has daughters

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A person has a family business. He has two daughters and both are helping him more than a lot but he is worried that HUF can be formed because he had daughters...

Thanks
Dinesh Patil

Replies (14)

Yes, .........actually HUF gets formed when a person gets married .....

can u refer any sections of IT Act.
it will be resourceful.
Thanks
how huf is formed when a person gets married. as per my limited knowledge huf creation requires at least two co-parcenors. please correct me if i am wrong.

https://www.caclubindia.com/forum/huf-formation-on-marriage-115458.asp

huf can be formed by a husband and wife. wife can only be a member. can not act as a coparcener

Please refer to the following linke

https://lawrato.com/indian-kanoon/family-law/can-married-daughter-be-a-part-of-huf-581

in case of partition of greater huf it can be created and it is joint property of husband and wife. in normal scenario huf is formed on birth of first child.

Assesses go certain property from HUF but has no son. What is the status?

Where the assesses having life, but no child got certain property on partition of bigger HUF, it was held that assessee’s claim for HUF status (smaller HUF) was valid. CIT Krishna kumar (1982) 10 Taxman 292 (MP).

Is there any conclusive guidance on HUF and its Taxation ?

 

well after read some latest article.. this is what i came to knew... i am not sure if those article can be final or any other new development and amendment has resulted into different answer... but trying to figure out this
 

1 HUF created by virtue of law on marriage itself ? No need to wait for child to born.?
Yes

2. HUF doesnt need complusory a male child?

YES

(if the answer to Q1 is Positive then When HUF is already created on marriage itself then the question of male or female child should not arise)

3. HUF is valid with just a daughter ?

YES

(if the answer to Q1 is Positive then When HUF is already created on marriage itself then the question of male or female child should not arise)

4. Elder Daughter can become Karta of HUF , irrespective of any male child there or not?
YES

5. Married Daughter is a member of both HUF, maternal as well as paternal families ?
YES

Correct me if answer to above is Negative.

Waiting for some more query and its answer to add to this points.
 

As on date. the ans, 4 is not affirmative.

 

As on date. the ans, 4 is not affirmative.

 


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