Income tax in India for Hindu Undivided Families HUFs

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Definition

  • HUF includes those persons who acquired by birth an interest in joint family property.

A family consists of all persons lineally descended from a common ancestor and include their wives and unmarried daughters.

  • A son can have smaller HUF with his wife and children, while he continues to be a member of his father's HUF. In his father's HUF, he is mere a member, and his own, he is a karta.

Question: Property owned by HUF

There is a HUF consisting of 6 members; The HUF owns a property. It wants to partition the HUF and sell off the property. Is it advisable to partition, then sell the property and then the individual members should reinvest in a residential property to save capital gains u/s 54. Are there any case laws? where is the partition deed to be registered? Is the money received on sale of property to be parked in a partcular kind of account? Or would it be advisable for the HUF to sell the property; then reinvest in another property (which can be easily partioned) to save capital gains and then carry out the actual partition. Pl. advise. Regards, Kanwal(Via mail)

ANSWER: THE RULE FOR LONG TERM CAPITAL GAIN IS VERY MUCH CLEAR FOR OWNING THE PROPERTY FOR MINIMUM 36 MONTHS. ON PARTITION THE PROPERTY IN THE HANDS OF INDIVIDUAL SHALL BE LESS THAN 36 MONTHS. yOU HAVE TO PREPARE A PARTITION DEED AND GET IT REGISTERED. ALL THESE SERVICES AND OTHER ADVISE IS AVAILABLE ON PAYMENT. ssunderagarwal@sify.com
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