A person wants to know whether her father purchasing property in his name will be considered HUF property or not.

Response

As per your query , An HUF, as it is a separate entity, is taxed separately from its members and coparceners. Thus, the deductions and exemptions under Section 80 can be claimed by the HUF as well, thereby lowering individual tax liability.

If you want to purchase a personal property then it is up to you whether you want to add it in the HUF property pool or you want to buy it in your name. Since a HUF and individual PAN Cards are separate, thus you can purchase property in the individual PAN Card and then the property will not in your name.

Thus , property purchased by your father with his own income will be considered as his self acquired property and not the property of the Hindu Undivided Family. If he wishes to pool it in the Hindu Undivided Property he can do so but without that it will be his only property and no one can claim the property as HUF property. Only those properties which is purchased with HUF money or made it in express terms to be a part of HUF proeprty are considered to be HUF property.

Even during partition of the properties , the said property will be your father’s individual property and not joint property.

Reference: No Specific law

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