HUF Property Gift

rv (Querist) 14 December 2008 This query is : Resolved
Dear experts,
Father F threw his self acquired house H into HUF in 1978 and showed rental income as HUF income in all tax returns till 2005/6 while the property H continued in his individual name. In August 2004, under pressure from sons S1 and S2, F also gifted the same house H to his sons stating that he was absolute owner of the gifted property H without mentioning HUF. In 2007, daughters D1 and D2 filed a suit for partition of the house H in HC of delhi. As evidence a copy of F's 2005/6 tax return in his capacity as Karta was submitted. The return clearly shows first floor of house H as self occupied and rent from G/F as income. Question 1: Was the gift by F in 2004 valid? 2. Was the property H belonged to HUF as of cut off date for HSA amensment 2005? 3. Do daughters have a good case and what kind of advocate they need ?
RV

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Guest (Expert) 15 December 2008
If you are still part of the HUF then your sister have the right in the property. no matter in whose name property is or was.

rv (Querist) 15 December 2008
thanks Amjad for your quick response. The current situation is: S1 and S2 contend that the HUF ended after F gifted the property to them in August 2004 while S1 and S2 contend that the HUF continued as there was no partition as per the tax reurns of FY 2004/5 and 2005/6. F, S1 and S2 have revised 2006/7 return after the suit was filed to show the rental income as income of S1 and S2.
Please have your say.
RV

J K Agrawal (Expert) 15 December 2008
Nature of a property never changes by describing it in income tax papers as of one status one day and another status on another day. it changes only by sale mortgage or gift or other type of alienation. It should be only by REGISTERED DEED. I think no such deed is there so the status of property depends only on the mode of its acquisition. If the property is not self acquired property of F the daughters has same right as sons even in life time of F.

You should consult a CIVIL LAWYER in this regard.

rv (Querist) 16 December 2008
Thanks Agrawal. The property was self acquired but F threw it into HUF in 1978 by declaration submitted to ITO. Can he later change and make a gift of the same property as sole owner ?
RV

Shyam Ji Srivastava (Expert) 17 December 2008
Dear
My learned friend Mr. J. K. Agarwal is absolutely right. Civil Practioner Advocate can easily handle your case. If you have any proble to findout advocate at Delhi I can help you.
Thanks
Shyam Ji srivastava
Advocate (Kanpur)
09839028040

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