Inherited Shares in HUF? Beware of Tax Traps!

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Moneycontrol•18-12-2025, 07:32
Inherited Shares in HUF? Beware of Tax Traps!
- •Inherited shares after the Hindu Succession Act, 1956, are personal property, not ancestral; crediting them to HUF is a gift.
- •Such gifts to HUF attract clubbing provisions, meaning capital gains are taxed in the individual's personal income.
- •An HUF with only a husband and wife is generally not legally valid without a child or pre-existing HUF assets.
- •Transferring HUF sale proceeds to a joint bank account is an unrecognized partial partition under the Income-tax Act.
- •Filing an ITR for the HUF is mandatory if its total income (including clubbed income) exceeds the basic exemption limit.
Why It Matters: Using HUF for inherited shares can trigger clubbing provisions and tax scrutiny.
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