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Microlesson · 5-min read

HUF as a Person under Income Tax Act

# Hindu Undivided Family (HUF) under the Income-Tax Act

## Why HUF is a separate taxable entity

The logical chain that makes HUF taxable:

1. Under the Income-Tax Act, HUF is treated as a separate entity for assessment.

2. The definition of "Person" in Sec 2(31) includes HUF.

3. Income tax is levied on "every person".

4. Therefore, income tax is payable by an HUF.

## What constitutes an HUF

An HUF is a family which consists of:

  • All males lineally descended from a common ancestor, AND
  • Their wives and daughters.

## Members vs Co-parceners — the key distinction

AspectMembersCo-parceners
WhoAll persons in the familyOnly members within four degrees including Karta
Right in HUF propertyNo automatic right by birthAcquire right in HUF property by birth
EligibilityIncludes wives, daughters-in-lawSons and daughters both are co-parceners

Important exclusion: A wife or daughter-in-law of a co-parcener is NOT eligible for co-parcenery rights. They are members, not co-parceners.

## Coverage extended

Under the Income Tax Act, 1961, the following are also assessed as HUF:

  • Jain undivided families
  • Sikh undivided families

(Even though strictly speaking they may not be Hindus, the Act extends HUF treatment to them.)

Worked example

### Example 1

Q. Mr. A, his wife Mrs. A, their son S, daughter D, and daughter-in-law DIL live together as a joint family. Who are the co-parceners?

A. Mr. A (Karta), son S, and daughter D are co-parceners (they acquire right by birth in HUF property). Mrs. A and DIL are members of the HUF but not co-parceners — wives/daughters-in-law of co-parceners do not get co-parcenery rights.

⚠️ Common exam mistakes

  • Treating all members of the family as co-parceners — only persons within four degrees including Karta are co-parceners.
  • Believing the daughter-in-law has co-parcenery rights — she is only a member.
  • Forgetting that Jain and Sikh undivided families are also assessed as HUF under the Income Tax Act, 1961.
  • Forgetting that daughters (post-2005 amendment to Hindu Succession Act) are co-parceners equally with sons.
Bare-Act text Section 2(31) · Income-Tax Act, 1961 · click to expand
Section 2(31) — "Person" includes — (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) a local authority, and (vii) every artificial juridical person, not falling within any of the preceding sub-clauses.
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