Chartered Accountant
214 Points
Joined February 2009
HUF is automatically created. As the name suggests, a HUF means a family of Hindus.However, under the Indian tax law, persons belonging to the Jain and Sikh religion can also form HUFs.The existence of a HUF requires at least two members of a family, of which atleast one should be male.A HUF can also consist of the male members and female members,being their wives and unmarried daughters.Once a member of a HUF receives any ancestralproperty from any ancestor three generations above him, a HUF is automatically created. Forexample, if a married Hindu male person receives any ancestral property from his greatgrandfather, that property will be automatically regarded as his HUF’s property. Another way to form a HUF is by receiving an asset or property by way of gift from a lineal ascendant with a specific instruction by the donor that the same is being gifted to the HUF
All income arising out of utilisation HUF’s properties and from investment of HUF’s funds is income of the HUF and is separately assessed in its hands. One should be careful to declare only that income to tax in the returns of a HUF which is earned out of the HUF assets or investments.Any income, which arises out of personal income of a member will be regarded as the member’s individual income and not the income of HUF.
The Karta Of HUF haave been vested with all powers and also effective management and utilisation of HUF Funds. The Karta has to sign the Income tax return and other documents on behlf of the HUF.