Explained: What Is Hindu Undivided Family And Should You Register One?

featured-image

The Income Tax Act treats an HUF as a 'separate person'—which means it gets its own PAN card.

So, you've been hearing about something called "HUF" lately. With the new FY26 tax regime kicking in this financial year, everyone’s trying to squeeze out extra deductions going forward. And one idea that’s suddenly making a comeback in money circles is the Hindu Undivided Family, or HUF.

Someone you know might have registered one. Or maybe your CA just casually said, "You already have one, you just haven’t filed for it."But what exactly is an HUF? Who can form one? And why are people suddenly talking about kartas, coparceners, and members like it’s a family-run version of Succession?What Is An HUF?Legally speaking, 'HUF' is a construct under Indian tax law.



"There is no concept of a Hindu Undivided Family in statutory law. That’s something developed entirely under Indian tax law," explains Bijal Ajinkya, Partner at Khaitan & Co. It stems from the idea of a joint Hindu family, where multiple generations live together, run a shared household, and often have ancestral wealth or businesses pooled into a common fund.

The Income Tax Act, however, treats an HUF as a 'separate person'—which means it gets its own PAN card, can file returns separately, and even own assets independently of the individual family members.Who Can Form An HUF?If you’re Hindu, Jain, Sikh or Buddhist and you’re married, congratulations: you already have an HUF. As CA Nitesh Buddhadev puts it, "There cannot be a contract to create an HUF.

If you are part of the eligible community and married, you already have one. You just need to register it."The process is surprisingly simple, according to Buddhadev.

All you need is:-A formation deed (a basic affidavit naming the karta and listing the members)-KYC documents of members-Application for a PAN card in the name of the HUF-Opening a bank account for the HUFThe Big Three: Karta, Coparcener, MemberThe karta is the manager of the HUF—the one who takes decisions, signs documents, handles investments, and represents the HUF in court or tax matters. Traditionally, the senior-most male coparcener becomes the karta.But that’s changed.

"A woman can be a karta, and there’s a 2020 Supreme Court judgment to support that,"' says Ajinkya. "If the eldest coparcener is a daughter, and there is no living senior male, she can step into that role."A coparcener is a family member who inherits by birth and holds a right in the HUF property.

This includes the karta (usually the eldest coparcener), sons and daughters (post-2005 amendment), and grandchildren and great-grandchildren, if the HUF stretches across generations. Each coparcener has an equal right to demand partition of the HUF property.Here’s where it gets nuanced.

Not everyone in the HUF is a coparcener. "The wife of the karta is only a member—she does not have a share in the property by default," Ajinkya explains. "A member can enjoy maintenance and benefits, but cannot demand partition.

" The same goes for a daughter-in-law—until her husband (a coparcener) passes away. In that case, she inherits his share. They're Your Soulmate, But Do You Know All Their Investments?Here's An ExampleImagine a family of four forming a Hindu Undivided Family (HUF):Father – the Karta (he manages the HUF) and a coparcener (he has a share in the family property)Mother – a member of the HUF (she does not automatically have a share in the family property)Son – a coparcenerDaughter – also a coparcener (thanks to the 2005 amendment to Hindu law, daughters have equal rights)Now let’s say this HUF owns one ancestral property.

Before the father passes away, the property is jointly owned by all the coparceners. That means:The Father, Son, and Daughter each have 1/3rd share.The Mother, being a member, does not hold a direct ownership share, but she is entitled to maintenance.

In the unfortunate event of the father's death, the fractions start changing.The father's 1/3rd share now gets inherited equally by his legal heirs:-The Son-The Daughter-The MotherBasically, the father's 1/3rd share is split three ways:-Son gets 1/9-Daughter gets 1/9-Mother gets 1/9Now, their final share would include this inherited portion to what the Son and Daughter already owned (i.e.

, their original 1/3rd share as coparceners).So now:Son's total share = 1/3 (original) + 1/9 (inherited) = 4/9Daughter's total share = 1/3 (original) + 1/9 (inherited) = 4/9Mother's total share = 1/9 (inherited only)Why Women Need Their Own Money Beyond Shared Bank AccountsWhy Do People Create HUFs?Simply put: tax planning. Because an HUF is treated as a separate taxable person, it gets the same basic exemptions and slab benefits as an individual.

Here’s how it helps:-Say you inherit a property that earns Rs 12 lakh in annual rent.-If you hold it individually, that gets taxed at your 30% slab.-But if the property is in your HUF’s name, it pays tax independently.

Under the new tax regime, the HUF gets the benefit of slab rates up to Rs 4 lakh (no rebate under Section 87A). "It’s not Rs 7 lakh like for individuals," notes Buddhdev. "But you still get a Rs 60,000 tax saving on Rs 12 lakh income.

"Now imagine:-Your individual account books Rs 1.25 lakh in capital gains.-Your HUF does the same.

Both are taxed separately, so you’re doubling your exemptions.Add to that:-Separate 80C deductions (under old regime).-Investments, FDs, shares all accumulating under the HUF's name.

So...

Should Everyone Do It?Not quite. HUFs work best when you’re in a high tax bracket, have ancestral property/income to move to the HUF, and are planning long-term family investments.But they come with limitations.

"You can’t dissolve HUFs easily. Only through formal partition," warns Ajinkya. This along with members not being able to claim deductions like individuals.

And overall, it can complicate succession and family disputes.Plus, as Buddhdev adds, "People often form HUFs without understanding the nuances. That’s when they land in trouble.

"Registering your HUF isn’t a cheat code—it’s a tool. Used right, it can legally reduce tax, structure family wealth, and build a legacy. So, before you rush to register yours—maybe talk to a family lawyer and your CA.

And maybe your mom, too. She may not be a coparcener—but she would definitely have opinions.Prenup And Trust Aren't Enemies — The New Factor In Marriage Planning.

Read more on Personal Finance by NDTV Profit..