Transfer of self occupied property in HUF property

Whether transfer of self occupied property in to joint stock property of HUF is treated as transfer u/s.47?
If no then as per sec.49 for cost of previos owner includes the self occupied property in to joint stock property of HUF.In such case it will result in double taxation. Please clear my point.
Replies (2)
As per section 64(2) if a member of HUF throws its property into the common pool of HUF for no sales consideration the member would still be treated as a deemed owner of the property. Hence such transfer would be considered as a gift given by a member to HUF the reason being member receives no consideration for such transfer. the income from such property would be taxable in the hand of member himself.further section 47 provides that if such property is distributed by HUF in the event of partition among its members it would not be regarded as transfer in the hand of HUF. As and when the member whom such property is distributed sells such distributed property the tax liability which arises as a result of such sale would be borne by the member himself. As per section 49 for the purpose of computation of capital gain the cost of acquisition would be the cost to the member who had actually thrown such property into the common pool.

thanks

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 23 October 2026
Articled Trainee

J Y & CO

Hyderabad

CA Inter

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
12 October 2026
Chartered Accountant - Internal Audit

HKC | Chartered Accountants & Business Advisors

Ludhiana

CA

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
ARTICLESHIP 25 October 2026
Article Intern (CA Articleship)

Arpan Bohra & Co

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details