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Hra for huf

(Querist) 27 December 2011 This query is : Resolved 
I am Karta of HUF , also a salaried employee. Salary component has an HRA .

I stay in an house own by ancestor, now in the name of my spouse.

Can I pay rent to HUF ( as i cannot pay rent to spouse ) to claim HRA ?

prabhakar singh (Expert) 28 December 2011
In my view you can not do so.
A V Vishal (Expert) 28 December 2011
Yes you can pay rent to his spouse provided the rent is declared by the spouse in her tax returns.
Sailesh Kumar Shah (Expert) 28 December 2011
Yes, you can pay since HUF is separate Legal entity.
Deepak Nair (Expert) 28 December 2011
Dear Shailesh, I am a bit confused.
Mr.Mukesh is staying in the house which is in the name of his spouse. Then how can he pay the rent to HUF?? Please clarify
Mukesh (Querist) 28 December 2011
Hello Vishal,

There are 3 entities here :
1. Mukesh ( self ) Karta and Salaried employee
2. HUF
3. Mukesh's Wife : The house is in her name.

Can Mukesh pay rent to HUF as the house is anscestor house and not brought of wealth created by Mukesh's wife ?


A V Vishal (Expert) 28 December 2011
No he cannot pay it to the HUF
Mukesh (Querist) 29 December 2011
So in case Mukesh's wife needs to transfer the property to HUF , is there any legal process for this ? any transfer fee ?


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