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    Hindu Undivided Family (HUF) Registration

    HUF stands for Hindu Undivided Family wherein the Income that is being earned belongs to the whole family and not to any specific individual. The term of HUF is not defined under Income tax law; it is defined under the Hindu Law as a family. Buddhists, Jains, and Sikhs can also form HUF. HUF could be formed by two members, at least one among whom should be a male member of the family. Senior most male member of the family would become ‘Karta’.

     

    This form of organisation exists under Hindu law and is governed by the law of succession. The joint Hindu family form is a form of business organisation in which the family possesses some inherited property. The inheritance of the property is among the male members.

     

    ComplianceIndia can be your legal and professional partner in India to help you understand how to incorporate a HUF in India quickly and cost-effectively.

    Advantages of HUF

    A HUF is easy to form.

    A HUF is easy to form.

    HUF is a separate Legal Entity in the eyes of law.

    HUF is a separate Legal Entity in the eyes of law.

    Monetary gift up to INR 50000 may be received in cash, cheque, draft, etc by an individual/ HUF is free from income tax.

    Monetary gift up to INR 50000 may be received in cash, cheque, draft, etc by an individual/ HUF is free from income tax.

    Each member has an equal right to the property owned by an HUF.

    Each member has an equal right to the property owned by an HUF.

    Inheritance can be accepted in Hindu Undivided Family’s name.

    Inheritance can be accepted in Hindu Undivided Family’s name.

    Membership of a Joint Hindu family business is automatic by birth of a male child.

    Membership of a Joint Hindu family business is automatic by birth of a male child.

    There is no restriction on the number of coparceners of the HUF business. However, the membership is restricted to three successive generations

    There is no restriction on the number of coparceners of the HUF business. However, the membership is restricted to three successive generations

    Conditions to be fulfilled to form HUF

    – HUF should only be formed by a family.

    – HUF is automatically created for newly added member of the family at the time of their marriage.

    – HUF in general consists of a common ancestor and all of his descanters including their daughters and wives,

    – HUF often has assets which come as will, gift or ancestral property,

    – Once the HUF is created, the bank account should be created in the name of the HUF. A PAN number will be generated in the name of HUF.

    How we Work?

    Step 1

    Fill-up our Contact Form and Submit

    Step 2

    Our Expert/ Legal Professional will contact you and provide brief guidance into the related context

    Step 3

    All Required Documents and Details to be provided as discussed with our Expert

    Step 4

    Our Expert will start Drafting of HUF Deed and will send for review and Confirmations.

    Step 5

    Preparation and Registration of the application

    Step 6

    Application for allotment ofPAN and TAN

    Packages

    Consultation Charges

    Nil

    Complete assistance by Experts or Professionals indicating Process, Documents required, Benefits, Tax compliance, Legal Compliance, etc.

    Start-up Plan

    Rs. 3,999/- only

    • – Drafting of Deed
    • – HUF Registration
    • – Current Account Opening in your nearest Branch
    • – Expert advice from Experts/ Legal Professionals

    Basic Plan

    Rs. 5,999/- only

    • – Drafting of Deed
    • – HUF Registration
    • – GST Registration
    • – Current Account Opening in your nearest Branch
    • – Ledgers Keeping
    • – Legal Drafting of documents
    • – Expert advice from Experts/ Legal Professionals

    Advance Plan

    Rs. 9,999/- only

    • – Drafting of Deed
    • – HUF Registration
    • – GST Registration
    • – Current Account Opening in your nearest Branch
    • – Ledgers Keeping
    • – Legal Drafting of documents
    • – 6 months GST Return filing
    • – Expert advice from Experts/ Legal Professionals

    Ultimate Plan

    Rs. 14,999/- only

    • – Drafting of Deed
    • – HUF Registration
    • – GST Registration
    • – Current Account Opening in your nearest Branch
    • – Ledgers Keeping
    • – Legal Drafting of documents
    • – 12 months GST Return filing
    • – Income tax filing for first year
    • – Expert advice from Experts/ Legal Professionals

    Documents Required for HUF Registration

    PAN card

    A self-attested copy of PAN card

    Identity Proof

    A self-attested copy of Aadhaar Card/ Voter ID/ Passport/ Driving License.

    Address Proof

    A self-attested copy of Aadhaar Card/ Voter ID/ Passport/ Driving License or Bank Statement/ Utility Bills not older than 2 Month.

    Comparison

    Form of Business Hindu Undivided Family (HUF) Sole Proprietorship
    Meaning The business which is run by a Hindu Undivided family is called a Joint Hindu family. This kind of business is governed by Hindu law The business which is owned and managed by a single person is called as a sole proprietorship.
    Formation This type of business is formed by at least two members of the family. The sole proprietorship is very easy to form and having very less legal formalities.
    Capital The liability of the members of HUF is limited up to their share in the business. on the other hand, “Karta” is having unlimited liability so his personal assets can be used for the payment of debts of the business. Limited capital is required for starting the sole proprietorship business.
    Liability HUF business is fully controlled and managed by the senior member of the family “Karta” and the important decisions of the business are taken by the Karta. The liability is unlimited under the sole proprietorship and owner is a person who manages and pays all the debts alone.
    Risk and loss The death of the senior member does not affect the existence of the business, next senior-most male member becomes Karta. In the sole proprietorship business, the only owner bears all the risk and losses.
    Management In Joint Hindu Family Business, distribution of profit is equal in all members. All the business operation are managed by the owner and the owner takes all major decisions of the business.
    Members Ancestral property can be transferred to create a capital in joint Hindu Family Business. In a sole proprietorship, there is only one member who manages all business operations.
    Continuity The company stable and continues as the death of any member does not affect the existence of the company. Sole proprietorship can’t exist without the owner.
    Legal entity Company is a separate legal entity from its members. In Sole proprietorship, there is no separate legal entity.
    Example Examples of the company are Reliance Industries Ltd., Apple, Samsung. Any grocery store which is owned by a single person like ABC general store.
    Governed by Company is governed by the Companies Act. The sole proprietorship has no particular act.
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    Frequently Asked Questions

    1. How can a HUF be created? Who can be members of a HUF?

    Birth of a son in a Hindu joint family automatically makes him a member of the HUF. In view of this, all male members and unmarried daughters automatically become members of the HUF. In addition to that, if a child is adopted, then he also becomes a member of the HUF. Moreover, upon marriage, a wife becomes a member of her husband’s joint family.

    2. Does HUF arise from a contract?

    No HUF arises only from status.

    3. Does HUF include the wives and daughters of the above-said persons?

    Yes. A family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters.

    4. What is ancestral property?

    It is the property, which a man inherits from any of his three immediate male ancestors, i.e., father, grandfather, and great-grandfather.

    5. Can there be HUF with only female members?

    Yes. As so long as the property which was originally of the joint Hindu family remains in the hands of the widows of the member of the family and is not divided, HUF can continue with female members.

    6. Who is Karta?

    Karta is generally the father of the family who has the right to do all the things for the family and takes all the decisions on the behalf of the family.

    7. Can Karta gift HUF property?

    Gift by Karta of HUF, a movable property or an immovable property within reasonable limits in favour of his daughter is permissible on the occasion of her marriage.

    8. Who can claim a share in the partition?

    All members; A son in the womb of his mother at the time of partition; Mother; Wife.

    9. Whether a single person can constitute HUF?

    No. A single person cannot constitute HUF. There have to be minimum two members to constitute a HUF.

    10. Who is Co-parcener?

    Coparcener is the person who has the right to demand the share of the property of family if he/she wants to part away with the family with his/her share. Not all members of the HUF are its coparceners. The co-parcener extends to four degrees down the family hierarchy in the following manner:
    – 1st degree: Holder of ancestral property for the first time.
    – 2nd degree: Sons and daughters
    – 3rd degree: Grandsons.
    – 4th degree: Great grandsons.

    11. What is the difference between a co-parcener and a member?

    A HUF, as such, can consist of a very large number of members including female members as well as distant blood relatives in the male line. However, out of this, coparceners are only those males who are within 4 degrees in lineal descendent from the common male ancestor. The relevance of concept of coparcenary is that only coparceners can ask for partition. The other male family members; i.e, other than coparceners in a HUF, have no direct claim over HUF property, but can claim only through the coparceners.

    12. Is it compulsory to make HUF deed?

    Creating a HUF Deed is not mandatory but it’s always better to have a written document in place.

    13. What happens if Karta of HUF dies?

    The Karta is traditionally the senior most male coparcener of the HUF. When Karta of the HUF dies, the next senior male member takes over as Karta.

    14. Which are the states in which HUF is not recognized?

    Kerala is the State in which the HUF is not recognized. This is done by Kerala Joint Family System (Abolition) Act, 1975 with effect from 01.12.1976.

    15. Is a HUF necessarily resident in India?

    No. Section 6 of the Income-tax Act, 1961 clearly contemplates a situation where a HUF can be non-resident also. In fact, HUF can also be Not Ordinarily Resident. A HUF will be considered to be resident in India unless, during the previous year, the control and management of its affairs is situated wholly outside India. In such a case, it will be treated as non-resident HUF. Moreover, in case of a HUF whose manager has not been resident in India in nine out of ten previous years preceding the previous year or has, during the seven previous years preceding that year, been in India for a total 729 days or less, such HUF is to be regarded as Not Ordinarily Resident within the meaning of the Income-tax Act, 1961. As such, it is not necessary for a HUF to be resident in India.

    16. What are the advantages of HUF under Tax Laws?

    The Income-tax Act, 1961 as well as Wealth-tax Act, 1957 recognise HUF as an independent assessable or taxable entity. This is done by specifically including “Hindu Undivided Family” in the definition of “person”, in section 2(31) of the Income-tax Act. As such, the income earned by such HUF will enjoy all exemptions and deductions; including the basic exemption from income-tax, so far as applicable.

    17. How much time does it take to incorporate a HUF?

    ComplianceIndia can incorporate a HUF in 8-10 working days. The time taken for registration will depend on submission of relevant documents by the client and speed of Government Approvals. To ensure speedy registration, please ensure you have all the required documents prior to starting the registration process.

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