FORMATION OF HUF WITHOUT A CHILD
Anup Saraf (1 Points)
25 May 2020Please provide a clarity as to whether a HUF can be formed or created without a child???
Further is there any specific case law to this query???
Anup Saraf (1 Points)
25 May 2020
Asha Kanta Sharma
(Manager - Finance & Accounts)
(10519 Points)
Replied 28 May 2020
Yes.
You can very much form a HUF of yours with your wife as only other member. Hunsband and wife very much can form HUF. Only requirement of a male member is very much satisfied as you are the male member
A husband and wife can form an HUF but a wife can only be a member, not a co-parcener. Therefore, the HUF income will not be assessed separately. A member has equal rights but only a co-parcener can demand the partition of the HUF. "Only the birth of a child will give the unit the status of an HUF for tax purposes.
All lineal descendants of the karta, their spouses and children automatically become members of his family. Wives join the HUF as members, while children join on birth as coparceners. "Even the unborn child of a member or co-parcener has an equal share in the HUF,"
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