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Radhika Singhal   12 February 2020

Huf partition

In complete partition of HUF, whether assets can be distributed unequally amoung coparceners or equal distribution is compulsary?


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 4 Replies

Akshay (Advocate)     12 February 2020

Hi

Thank you for asking this question

Before 2005 amendment under Hindu Succession Act,1956 , only male considered as a coparceners, after the act  amended in 2005  Daughter get the equal right  and become the coparcener,

As per your question Yes, Asset will be distributed Equally  among all, ie, Father, Father wife , son, daughter.According to sec 171 of IT act.

Hope this wil help you

Best regards

Akshay Gupta

Akshay (Advocate)     12 February 2020

Hi

Thank you for asking this question

Before 2005 amendment under Hindu Succession Act,1956 , only male considered as a coparceners, after the act  amended in 2005  Daughter get the equal right  and become the coparcener,

As per your question Yes, Asset will be distributed Equally  among all, ie, Father, Father wife , son, daughter.According to sec 171 of IT act.

Hope this wil help you

Best regards

Akshay Gupta

Radhika Singhal   13 February 2020

Section 171 of Income Tax Act is silent about equal distribution. Can ypu please give a relevant reference why equal distribution is required? Moreover the self acquired property by a father will be diistributed to his son, her daughter and their children? 

G.L.N. Prasad (Retired employee.)     13 February 2020

A family settlement deed in writing within a family members duly registered is sufficient.  Though every co-sharer is having equal share, settlement is different, and once it is admitted in writing, it is valid.  GET SUCH SETTLEMENT DEED AS AWARD FROM LOKADALAT AND GET IT REGISTERED SO THAT IT CAN NOT BE CHALLENGED.


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