loan taken on huf property

Tax planning 1409 views 2 replies

vacant site is in the name of karta of family, but it is included as an asset in huf balance sheet, karta takes bank loan for construction of building on that vacant site, bankers granted loan to karta  based on individual income tax returns of karta with out contacting other members of huf, later huf members claims that without their permission bankers granted loan to construct house on huf property, is it valid ?

is construction on such land is shown in huf books or karta,s individual books?, income from such property relates to individual income of karta or huf's income?

Replies (2)

 

if property is in Huf balance on karta’s name than it will be HUF income.

Q. Vacant site is in the name of karta of family, but it is included as an asset in huf balance sheet,

A. Its like a converted property. For IT purpose Karta is the deemed as the owner of property as any income arising out of such property will be added in the hands of the Karta. .

 

Q. karta takes bank loan for construction of building on that vacant site, bankers granted loan to karta  based on individual income tax returns of karta with out contacting other members of huf, later huf members claims that without their permission bankers granted loan to construct house on huf property, is it valid ?

If the land documents are in the name of the karta, Bankers have not done any wrong.  HUF in this case becomes the third party from  whom bankers are not required to take any permission.  

Q. is construction on such land is shown in huf books or karta,s individual books?, income from such property relates to individual income of karta or huf's income?.
 

A. : Karta can show it as his own property.  Income will be his own as he has created his own loan liability for construction.

 


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