Learner
4016 Points
Joined December 2009
Dear Vikas,
Agree with friend Rachit.
Karta is just a member of HUF & not the owner.
Just supporting his statement -Sec 64(2) -
Where, in the case of an individual being a member of a Hindu undivided family, any property having been the separate property of the individual has, at any time after the 31st day of December, 1969, been converted by the individual into property belonging to the family through the act of impressing such separate property with the character of property belonging to the family or throwing it [into the common stock of the family or been transferred by the individual, directly or indirectly, to the family otherwise than for adequate consideration (the property so converted or transferred being hereinafter referred to as the converted property)], then, notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, for the purpose of computation of the total income of the individual under this Act
(a) the individual shall be deemed to have transferred the converted property, through the family, to the members of the family for being held by them jointly ;
(b) the income derived from the converted property or any part thereof[* * *] shall be deemed to arise to the individual and not to the family ;
61[(c) where the converted property has been the subject-matter of a partition (whether partial or total) amongst the members of the family, the income derived from such converted property as is received by the spouse 62[* * *] on partition shall be deemed to arise to the spouse 62[* * *] from assets transferred indirectly by the individual to the spouse 62[* * *] and the provisions of sub-section (1) shall, so far as may be, apply accordingly :]