HUF Partition

Tax planning 1071 views 5 replies

I am a Karta of HUF after the death of my father. Now this HUF is constitued with me as Karta and my mother as member. We now want to partiition of the HUF with the following assets

Bank Fds worth Rs. 11 Lacs and a plot of land worth Rs. 9 lacs.

Can we partition it like that my mother keeps the Bank Fds. worth Rs. 11  lacs and me being keep the Plot of Land worth Rs. 9 Lacs?

Do we need to divide equally or I can give Bank Fds to my mother which are  worth more than plot of land which I will get as partition?

Is there any Income tax liability involved as my mother with get Bank Fds. or Rs. 11 Lacs and I get the plot of land worth Rs. 9 Lacs?

Thanks in advance

Replies (5)

No capital gain as distribution of assets on the partition of HUF is not a transfer  as per section 47.....

Originally posted by : Sunshine...

No capital gain as distribution of assets on the partition of HUF is not a transfer  as per section 47.....

Agree and u can distribute asset at ur discretion of course with the writen consent of all members

under partition of HUF, there is no binding to divide equially or proportionate, inter family settlements get upper hand, and consent of members is enough for the share/ division.

NO tax on such partitions, as these does not amount to "income" or "capital gain" unless the fixed assets are sold in market to get value.

Thank you so much for your replies. It has been so much help to me.

Can anyone please tell me if we need to do the partiition deed on judicial paper and how much stamps required?

Do we need to get an order under section 171 of the Act for a total partition, if yes what is the procedure?

Thanks


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