CREATION OF HUF

This query is : Resolved

keyur (Querist)
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19 November 2008 dear sirs,

my family includes total 3 members. myself-doing job, my wife-she is house wife and my 3 year old daughter.

can i form HUF??? if yes how??? what initially i need to do creation of HUF???

Ravikumar.G

Ravikumar.G (Expert)
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19 November 2008 HUF is a creature of law. It cannot be "created" by act of parties, except in rare cases of adoption and reunion. Birth of a son in a Hindu joint family automatically makes him a member of the HUF. In view of this, all male members automatically become members of the HUF. In addition to that, if a child is adopted, then he also becomes a member of the HUF. Similarly, in case of reunion of erstwhile HUF family members, such reunited members become members of the reunited HUF. Moreover, upon marriage, wife becomes a member of her husband’s joint family.

Ravikumar.G

Ravikumar.G (Expert)
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19 November 2008 A single person cannot constitute HUF. There has to be minimum two members to constitute a HUF. [Refer : C. Krishna Prasad v/s. CIT (1974) 97 ITR 493 (SC)]

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G Muralidharan

G Muralidharan (Expert)
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21 November 2008 I am of the view that if an outsider makes a gift with a direction that it is meant for the benefit of X family. Then it can be treated as corpus for HUF and to start activities thereafter under HUF

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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10 October 2021 You have perfect family. Any Gifts received at the time of your marriage, could be included as HUF corpus. The HUF was already established on the day !!