• Transfer of property to HUF

We have formed a HUF among me and my wife .
I am purchasing a second flat in Mumbai jointly with my wife 
I intend to transfer the flay to the HUF so that the income arising is the income of the HUF . I intend to do this after we complete the purchase and take a loan . The loan will be taken by both of us Jointly 
My queries 
a) Can I transfer the property to HUF after purchase.
b) Can I transfer the loan to HUF after taking it .
c) The rental income can be shown as income of HUF 
Regards
Sudeep
Asked 6 years ago in Taxation

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9 Answers

Yes, by default  husband and wife comes under HUF and you the karta of the family. Means the both flat will be your names as a Karta and already you're purchasing on both of yours name.

You have to create HUF account.


HUF is considered as a separate entity for the purpose of Income Tax Act and the HUF has a separate PAN Card and a separate income tax return is filed for the same.

A HUF automatically comes into existence when a person gets married and starts his family. It is not necessary that this new family should also have kids. The day when boy and groom get married, they have formed a HUF.


 

How to create HUF


To create a HUF, 3 things are required i.e.

Step 1: Create HUF Deed

Step 2: Apply for HUF PAN Card

Step 3: Open Bank Account of HUF

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes, if bank allows home loan from individuals to HUF loan account. Check with branch manager or loan officer.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

i think this can be done

you and your wife can purchase the property and thereafter assign your individual rights in the flat to the HUF 

a deed of assignment can be made where the assignors will be you and your wife and the assignee will be the HUF acting through its karta

however stamp duty payable on such assignment needs to be checked 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Yes you can transfer the property to HUF after purchase. 

Yes you can transfer loan to HUF but you have to apply separate loan on name of HUF. 

Yes rental income will be income of HUF. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes you can transfer. 

Yes but it's slightly cumbersome

Yes it can be shown

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Can  trasfer in HUF, transfer of loan to HUF depend`s on bank. Better directly purchase in HUF, than loan shall be issued to HUF.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- Yes, you can transfer the property to HUF after purchase, and the said property will be treated as HUF property.

-  Yes, but it is advisiable to take HUF loan, becuase all members of the HUF family will signed on the doucument and will be resposible to pay the same.

-  Yes, it can be shown.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes you can create a HUF and transfer this property to HUF account. HUF is a separate entity for the purpose of assessment under the Act. Under Hindu Law, an HUF is a family which consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters.

As per existing norms, all Hindu Undivided Family (HUF) Fixed Deposit (FD) holders are eligible to avail a loan against their term deposit. Most banks and financial institutions in India allow this. In order to take a loan against a HUF FD: All members of the family will have to sign and agree for the same.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can transfer the property to HUF subject to certain provisions of law, i.e., If a member of the HUF gifts a property owned by him to the HUF, then any income earned from such property shall be taxable in the hands of the individual by virtue of Section 64(2).

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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