HUF Paper Work Required

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After reading on this website I find my self to have been a victim of incompetent tax advise.  Here is my case I want someone to help clear the muddle: My Father died in 1973. My Grandfather died in 1986.  Grandfather left his property to me.  I sold it and bought another property regd in my name.  I was advised by our tax consultant my HUF Can be formed when my son is born.  After a long gap of time between purchase of property I created an HUF on the day son was born and have my wife, son and daughter as coparceners.  I want the property to be reflected as HUF property.  I have the will by which the property I sold came to me.  The death certificate of the gentlemen mentioned above.  An HUF PAN, Bank Ac.  but what I read from the blog there is paperwork missing. The will bequeathed the property to me not to my HUF.  Nor was it an HUF Property of which my grandfather or myself were a part, if he was I am unaware the will does not say so. Can someone help me?

Replies (4)

I could not understand your query exactly. What you want to know exactly? What paper work is missing? Do you think that the property you are talking about relates to HUF. Actually, I am confused in your query. Please elaborate it carefully in clear words, so that a proper opinion can be given on this matter.

I have inherited a property left t me not my HUF as it did not exist then.  I was not married could not have had one.  I sold the inherited property, bought another one  after 6 yrs of inheriting, it is regd in my name.  Created HUF on birth of son after 11 yrs of buying new property.  Want to show the property as that of HUF.  Now it is another 7 yrs gone.  I read here on this forum just by saying it does not become HUF property.  Will it be my indl property by law of succession or can I still show it as HUF property if yes what all paper work reqd.

Yes. You need to prepare a transfer deed for this purpose. It is also called Hotch Potch agreement, by which, any co parcener can throw away his personal property into the HUF. The supreme court has also validate this.

Thank you sir for the clarification. Will the transfer be based on the considered value of the property I mean will require stamp paper and other charges?  Also how will this affect my current tax liability as an individual taxpayer.  Will be considered as capital gain / income under section 50 of I Tax?


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