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huf property

Sanjay Gupta (40 Points)

24 November 2018

is perantal property rec'd from Grand parents a huf property or individual property under the income tax

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (185269 Points)
Replied 24 November 2018

Its inherited property, and you have option to account it in your HUF account.

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Nitesh bind (Student CA Final ) (12692 Points)
Replied 24 November 2018

See, There might be 2 situations to receive property from Grand parents (by Grand Children);

1. When You are Receiving through your father :

Which means your father has received property from his father (your GrandFather) and now your father is Giving it to you and your siblings.
In this case, the property given by your father on partition of his own property (including which he has received from his father) among you child becomes YOUR INDIVIDUAL PROPERTY once you received it and if you are married and have children then you can take this much property (your share) as your HUF property or not, its Upto your option.

2. In case of Death; When Grandchildrens are directly receiving their father's share;

In this case all the Sons & Daughters JOINTLY gets a right for the share of their father and on Receiving this property it is their (jointly) HUF property not their Individual property. Now the rest of Member choose a new karta and their Again partition will happen. On Receiving property against this partition ; it is your individual property and again if you are married and have children then you can create your own HUF and take this much property as your HUF property.

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