| Question And Answer | |
|---|---|
| Subject: | Partion HUF u/s 171 |
| Category: | Income-Tax |
| Querist: | CA shriram Puranik |
| Answered by: | Advocate Rahul Hakani |
| Tags: | HUF, Partition |
| Date: | July 24, 2021 |
Mr B is a coparsenor of bigger HUF ‘A HUF’. On earlier partial partion of A HUF in 1975 , Mr B HUF Consiting of himself , his wife Major son and married daughter is also assessed separately as B HUF . B HUF has effected partition of its all assets and liabilities . Amongst coparceners and wife of B , will this partion of B HUF is complete partition u/s171 or still it will be treated as partial partition ?
Under Hindu Law, there can be a HUF within a HUF. Hence total partition of smaller HUF will be valid if the property of smaller HUF is divided by metes and bounds.
As per section 171 (1) A Hindu family heitherto assessed as undivided shall be deemed for the purposes of this Act to be a Hindu undivided family , except where and so far as a finding of partition has been given under this section in respect of the Hindu undivided family . It is desirable file the application and get the order section 171 of the Act.
It will be treated as Total Partition.