Reg. partition of huf property

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 May 2014 Respt. Experts, I am in need of your urgent help and advise in a matter of my Family Property Distribution. Please help me out the best way to handle the matter.

(A) BRIEF FACT OF THE CASE ARE AS UNDER:
(i) My father along with his brothers (5) and sisters (4) are the family members. Total (10) out of which one of my uncle since deceased left with his wife and (3) Childrens. Out of which only (1) is major and (2) are minor.

(iii) My grand father and grand mother both being deceased about 11 years back and having some property still in their name in revenue and municipal records. The details of property are as under:
(a) In Grand Father's Name : (1) Resi. House Property & (1) Agricultural Land.
(b) In Grand Mother's name : (1) Resi. House Property.

(iii) Since Grand Father & Grand Mother demise there is no distribution of property and we have not filling any ITR in HUF name.

(iv) Now all the family members wish to distribute above mentioned parental property in a common opinion in following manner:
(a) Most elder son will get Resi. House Property standing in Grand mothers name.

(b) Two other son will get equal share in Resi. House Property Standing in Grand Father name.

(c) Agriculture Land to be sold out and the consideration will be distributed to all family members in equal shares.

(Please note that since we have some other common property which is standing in Individual names of other family members hence not getting share in parental property)

(B) TO EXECUTE THE SAID WE HAVE EXECUTED A POWER OF ATTORNEY (POA) IN MY FAVOUR. In said POA I have taken relinquishment of rights in property by the members in favour of each other.

First we have planned to execute Registered Relinquishment of rights in said property through POA taken by me which will incur 0.5% of Stamp Duty on its execution at Chhattisgarh.

But someone suggest us to execute "family partition deed along with relinquishment of rights" in property as it is good from taxation point of view and very nominal stamp duty charges.

(C) SIR, MY CONCERN/QUERIES IN THE MATTER ARE AS UNDER:
(i) Whether the said parental property will be called as HUF Property?

(ii) Can we make "Deed of HUF Partition cum Relinquishment Rights" in the case singly?

(iii) Since I have taken POA only for relinquishment of Rights in property. Does the same will work in HUF Partition? Since availability of all female members is difficult as live in diff. states after marriage.

(D) PLEASE SUGGEST:
The best course of action to be taken on the matter considering Taxation impact. I read some where that "RELINQUISHMENT OF RIGHTS IN PROPERTY" attracts Capital Gain Tax in IT Act.

Thanking You,

CA. Nirmal Ghorawat

CA. Nirmal Ghorawat (Expert)
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26 March 2021 Partial partition as to assets or as to coparceners where all assets are not divided by metes and bounds is not recognised under Income Tax Act by virtue of Section 171(9).

My post Partition of HUF : https://www.canirmalg.com/2017/04/22/partition-of-a-hindu-undivided-family/
Memorandum of Confirmation of Total Partition may be prepared after total partition by metes and bound and filed with the Assessing Officer to claim partition u/s 171 of the Income Tax Act, 1961.

Partition Deed may be prepared in respect of Immoveable Property of the HUF which usually attracts a lower rate of duty vis a vis Deed of Conveyance. Further Single Largest Share is excluded while computing Stamp Duty. Stamp Duty rates vary State / UT wise.