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Shivaputra C S (Managing partner)     01 August 2023

Huf property

I have landed (agricultural) property, urban residential plots, and a house.The agriculture landed properties came to me from a decree of court  i.e.,division amongst my brothers. These were not ancestral properties. I bought urban residential plots from the funds of my own earning , from the funds of my wife's earning, from agriculture income, as well as from sale proceeds of a plot in my name. The urban properties are purchased in my name . In the deed of purchase HUF PAN number is mentioned. 
My self, my wife are IT assessees. We have a HUF. agriculture income is shown as HUF income. HUF is also an assessee under IT and has separate PAN.

My specific question: Whether my son has legal /absolute right over the said property/s by virtue of him being a member of my HUF. ?
My son has not contributed financially or otherwise in any other way to aquire the propertirs. I had created HUF upon the advise of my auditor for taxation purposes only.



Quick Summary
This discussion explores whether a son has a legal right to property acquired under a Hindu Undivided Family (HUF) name, even if he didn't contribute financially. The property in question includes agricultural land, urban plots, and a house, purchased through various means including personal earnings, wife's earnings, agricultural income, and sale proceeds. While the HUF was primarily created for tax purposes, the consensus suggests that as a member, the son may still have a claim or interest in the HUF-owned assets, regardless of his financial input.

 2 Replies

P. Venu (Advocate)     01 August 2023

Perhaps, that auditor is the best person to suggest to the solution.

Dr. J C Vashista (Advocate )     02 August 2023

Being a member of HUF (including other members of HUF) where property has been purchased / owned in the name of HUF your son has also have a right, claim, interest and title in such property irrespective of the fact who has contributed for the purchase of HUF property.


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