Difference Between Joint Hindu Coparcenery Under The Hindu Law And HUF Under The Income-Tax Act, 1961

 

There is a difference between Hindu Undivided family (HUF) for the purposes of Income-tax Act, 1961 and that for the purposes of Hindu law and The Hindu Succession Act, 1956. The word HUF for the purposes of Income-tax Act, 1961 can very well consist of a coparcener and other members.

 

A Coparcener for the purposes of HUF means any member who has got a right to demand partition of the HUF or a person who acquires by birth an interest in the joint or coparcenary property.

 

The HUF for the purposes of Hindu law or The Hindu Succession Act is considered to be a coparcenary whereas that for the purposes of Income-tax Act, 196 is considered to be a HUF consisting of members as an assessable entity as has been held by the Privy Council in the case of Kalyanji Vithaldas vs CIT(1937)51TR90.


In several Supreme Court cases, it has been held that for the purpose of forming Hindu Undivided Family, there is no need to have more than one male member and one male member along with other female members can validly constitute a HUF. However, in view of the Amendments made by the Hindu Succession (Amendment) Act, 2005 which are discussed hereinbelow, there is no need to have even a single male member to constitute a HUF and HUF can consist of only female members also.

MORE TOPICS ....

HUF -  Capital Gain Account
HUF -  Deduction from HUF Business Income
Income Derived From Funds Of HUF -Whether Individual Income Or Family Income
Gift by HUF to its Member
Gift To Minor Daughters Out Of HUF Property Prior To Marriage
Gift of HUF Property to Stranger or to any Person who is a Alien to HUF
Clubbing Provisions In Case Of Gifts Received By HUF
Applicability of Clubbing Provisions in case Karta of a HUF is a Partner in a Firm
Gifts received by HUF from Aliens / Strangers
HUF - Investment Options
Concept of Multiple HUF’s
Whether a Single Member can Constitute a HUF ?
Whether any Limit is placed on Number of Members of a HUF ?
Whether HUF- Can Be Constituted with only Female Members ?
Drawings / Expenses of HUF
Whether HUF can be a Shareholder / Subscriber to the MOA ( Memorandum Of Association)  of a Company
Whether HUF can be a Member of a Cooperative Society ?
Whether HUF can be a Partner ?
Can KARTA of a HUF enter into Partnership with another Member of HUF ?
Can There Be A Partnership Between Two HUFs?
Effect Of Death Of Karta In Case Of Partnership Firm
Whether HUF Can Be A Proprietor ?
Whether HUF Can Be A Trustee / Settler ?
HUF - Aliyasantana Law
HUF - Marumakkattayam Law
Power of KARTA in relation to HUF
Managing Members in relation to HUF
Whether a Female can become a Karta ?
Tax Planning TIPS for HUF
HUF - Meaning Of Important Term- “Ancestral”
HUF - Meaning Of Important Term- “Stridhan”
HUF - Meaning Of Important Term- “Mitakshara”
HUF - Meaning Of Important Term- “ Dayabhaga”
Meaning of the term ‘Coparcener’ of HUF
Power of ‘Coparcener’ of HUF
Difference between a ‘Coparcener’ and a ‘Member’
Whether Husband / Wife Can Constitute A HUF ?
HUF - RECOVERY PROVISIONS
‘Maintenance of Accounts’ by HUF
‘Audit of Accounts’ by HUF
Applicability Of The ‘Accounting Standards’ On HUF
Whether Merger Of Two HUF is Possible ?
Residential Status of the HUF under I.T. Act.1956
‘Coparcener Property’ under HUF
 

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