HUF Formation on Marriage

Yes it is necessary to have a child for creation of huf

The phrase “creating an HUF” is really quite misleading because an HUF comes into existence the moment you give birth to a son or a daughter.

No HUF can be formed unless your HUF has assets and is deriving income from those assets. Put another way, in order for an HUF to exist on tax records, it needs to have income.

I think its not necessary to include parrens in your huf.

Thanks For Clarification

Thanks Surabhi.

Even i am of the same view. But I have come accross an article which states that the HUF gets created just after marriage. And this is what confusing me.

The link to same is:

https://www.simpletaxindia.org/2008/05/how-one-can-create-hufhindu-undivided.html

It states that:

" 

• he most frequently asked question about HUF is: How does it come into being? To form an HUF, all you have to do is Get Married. The HUF gets created as soon as you complete the seven (or four,whatever) circles round the holy fire and become Man and Wife.
  
• There have to be a minimum of two people to constitute a family. The husband and wife together make up a family. They don't have to wait till they have a baby to constitute their HUF.  "

Pls suggest

• To form an HUF, all you have to do is Get Married. The HUF gets created as soon as you complete the seven (or four,whatever) circles round the holy fire and become Man and Wife.
• There have to be a minimum of two people to constitute a family. The husband and wife together make up a family. They don't have to wait till they have a baby to constitute their HUF.

Also see the attached file for more details...

Thanks Sanjay ji for sharing the file. Very useful

This file states that if the HUF consists only of Husband and wife, then the tax burden will be on the individual only and not on HUF. so there's no benefit of such an HUF.

Minimum number of coparceners. An HUF can consist of just two members, one of whom is a coparcener. However, for tax purposes, the income of such an entity would not be taxed in the hands of the HUF; it would be taxed in the hands of the sole coparcener. For an entity to be taxed as an HUF, it should have at least two coparceners. Thus, the income of an HUF consisting of a husband and wife would not be taxed in the hands of the HUF, except in cases where the husband has received funds on the partition of a larger HUF.

thanks sanjay sir for sharing this file

Thank you all for your valuable replies.

I have come accross a case law which clears that HUF can be in Existence with Husband and wife as its coparcenor, member respectively.

Commissioner Of Income Tax vs Arun Kumar Jhunjhunwalla & Sons.

Link for the same:

https://www.indiankanoon.org/doc/652055/

Thanks again

thanks sanjay sir for sharing

I m agree with Surbhi Garg because after change in Hindu Succession Act girl has right in her father's property, she is member of HUF of her father's HUF. So HUF comes into existence the moment you give birth to a son or a daughter.Even wife can not sign the return of income tax of HUF because she is not the member of HUF.Opinion of Mr. Sanjay Gupta based on old legal position.

Thank you dear Sanjay sir

for sharing such a nice useful file

Is there a reference for this point?