Creating HUF after father’s demise

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I have a query regarding HUF Formation. My father recently passed away. He had HUF Account. 

1. Is it possible to form a HUF with myself, my mother, my elder sister and my wife? 

2. If yes, who will be the Karta, Coparceners and Members? 

3. Is it possible to file separate IT returns on HUF PAN?

4. There is no will from my father. The property which I receive due to inheritance will be treated as HUF?

5. Once the partition is done(at a later date), will my sister be part of HUF?

6. I have received amount from bank as a nominee in SB A/c, will it be treated as individual amount or HUF amount?

Replies (4)

1. The HUF is already formed, no need to form it again. Only Karta gets changed.

2. Eldest Male member in the family.

3. Yes.

4. HUF property will continue to be in HUF BS.

5. Unless it is dissolved, she will be co-parcner in the HUF.

6. If it is from your father's individual account, you can treat it as either of the options.

Hello Dhiraklal,

Thank you for the reply. 

7. How to change the Karta?

8. Will there be a new HUF PAN Card and new HUF Deed?

9. What happens after full partition? Can I show the property and its income as HUF income?

 

7. Elder male member is automatically becomes Karta of HUF. 

8. PAN remains same, but KARTA has to be changed in efilling site. Family deed will help to authenticate new Karta for any other purpose.

9. Full partition means dissolution of HUF, and the assets at the time of dissolution gets distributed to remaining members of HUF.

7. Elder male member is automatically becomes Karta of HUF. 

8. PAN remains same, but KARTA has to be changed in efilling site. Family deed will help to authenticate new Karta for any other purpose.

9. Full partition means dissolution of HUF, and the assets at the time of dissolution gets distributed to remaining members of HUF.


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