Is married daughter a member of huf?

Tax queries 1070 views 8 replies

I am an IPCC student. I have a doubt. Is married daughter a member of his father's HUF? Or is she co-parcaner in her father's HUF? 

Because if she's a member thn gift given by her to member of HUF will be exempt as she comes under the definition of relative.

But if she's co-parcaner, whether gift given by her will be exempt or not?

Replies (8)

Hello 
 

Gifts received from specified relatives are exempt from Income Tax, and there is no upper limit also.

Daughter is included in the definition of relative, therefore amount received from her would be tax free.

Hi punit,

i think gift recieved by "individual or HUF" is non taxable if gifted by a relative. and the definition of relative includes daughter (doesnt matter if she is member of HUF or not)

anyway the gifter should be a relative ( theres no mention of HUF in the provision) and the receiver should be an individual or HUF 

u should read section 56 of it act for more information.

As per present hindu succession Act, Woman child is also a coparcener

Female child like other children is a co-parcener as well as member of father's huf. However on marriage, she ceases to be member of father's huf but is still the coparcener In her father's huf even after her marriage. I. E she enjoys all the rights and benefits even after marriage just as a male child does

@ Punit Doshi:

Your question is regarding gift given by a married daughter to huf or member of huf?

If it is wrt huf, then it will be taxed in the hands of huf. Whereas if you are talking wrt member of huf then you have to check it as definition of relative wrt individual and not member of huf

Hope you are able to get what I mean

A big thankyou. Exactly what i was looking for!

Good discussion, Thx.

Being an article myself, i can understand there are many things u have to learn yourself. i learned something from the discussion too 

thanks,

ubaid


CCI Pro

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