Estate planning · HUF

HUF partition: how and when to dissolve

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Partition = dissolution of the HUF. Any coparcener can demand partition at any time. Partition can be total (HUF ends, assets distributed) or partial (some assets remain in HUF). Once partitioned, the HUF PAN is cancelled and each member gets their share as individual property.

Provisions

Hindu Succession Act 1956, Sec 6 | IT Act: Sec 171

Analysis

Tax consequence: No capital gains tax on partition, shares are deemed received at original cost of acquisition. But future gains on partitioned assets are taxed individually. FIFO holding period applies.

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  1. Family conflict, better to partition than litigate
  2. Member wants to withdraw and use their share
  3. Estate planning: distribute HUF assets to children before Karta's death
  4. HUF income has become negligible, filing ITR for ₹0 makes no sense

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