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Microlesson · 5-min read

HUF (Hindu Undivided Family)

# Hindu Undivided Family (HUF)

## Treatment under Income Tax Act

  • HUF is treated as a separate entity for assessment.
  • Definition of 'Person' under Sec 2(31) includes HUF.
  • Levy of tax is on 'every Person' → therefore tax is payable by HUF separately from its members.

## Composition of HUF

  • An HUF consists of all males lineally descended from a common ancestor and includes their wives and daughters.
  • Some members are called Coparceners.
  • Coparceners are related to each other and to the Karta (Head of family).

## Coparceners

  • HUF may have many members, but only members within four degrees including the Karta are coparceners.
  • Coparceners acquire right in HUF property by BIRTH.
  • Both sons and daughters can be coparceners (post-2005 amendment to Hindu Succession Act).
  • However, the wife / daughter-in-law of a coparcener is NOT eligible for coparcenary rights.

## Other HUFs

Under the Income-tax Act, Jain Undivided Families and Sikh Undivided Families are also assessed as HUFs.

Worked example

### Example 1

Example 1: Mr. K (Karta), his wife Mrs. K, son S and daughter D form an HUF. S and D are coparceners; Mrs. K is a member but not a coparcener.

### Example 2

Example 2: Mr. K's son S marries Mrs. S. Mrs. S becomes a member of the HUF but does NOT acquire coparcenary rights.

### Example 3

Example 3: A Jain family that pools ancestral property is treated as an HUF for tax purposes.

⚠️ Common exam mistakes

  • Treating a wife / daughter-in-law as a coparcener — she is a member, not a coparcener.
  • Excluding daughters from coparcenership — post-2005, daughters ARE coparceners equally.
  • Forgetting that Jain & Sikh undivided families are also assessed as HUF.
  • Combining HUF income with Karta's individual income — they are SEPARATE assessees.
Reference: Section 2(31)(ii)
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