Affidavit for HUF (Hindu Undivided Family) Creation
**Sample PDF of the Affidavit is attached at the end.
Why & When This Affidavit is Used
- To formally declare the existence of a Hindu Undivided Family (HUF) and identify its Karta (head).
- To list all coparceners (family members who have a birth right in HUF property).
- Required when opening an HUF bank account, obtaining a PAN card for HUF, or during income tax filings.
- Acts as proof of HUF existence before government offices, financial institutions, or courts.
Purpose
- Provides legal recognition of the HUF.
- Establishes the Karta's authority to manage family assets, investments, and business in the name of HUF.
- Used in property transactions, income tax assessments, and partition of assets.
- Helps in claiming tax benefits available to HUF under the Income Tax Act.
Important Points
- Must be executed on ₹500 Stamp Paper.
- Needs to be attested by a Notary / Oath Commissioner / Judicial Magistrate.
- Karta must declare all current coparceners; suppression of members = risk of disputes.
- Updating is necessary when new members are born or coparceners pass away.
FAQs
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Q1. Who can be the Karta of an HUF?
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Traditionally the eldest male coparcener, but after the Hindu Succession (Amendment) Act, 2005, even the eldest female coparcener can be Karta.
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Q2. Can HUF be created through an affidavit only?
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No, HUF is created automatically in a Hindu family. The affidavit is just a formal declaration to prove existence for official purposes.
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Q3. Is this affidavit required for HUF PAN?
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Yes. While applying for a PAN card in the name of HUF, this affidavit is commonly demanded.
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Q4. Can HUF own property and bank accounts?
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Yes. HUF can buy property, open bank accounts, run businesses, and file taxes separately.
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Q5. What if there is no affidavit?
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Without it, proving HUF status to banks, tax authorities, or registrars may be difficult.
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| Attachment | Size |
|---|---|
| sample-affidavit-for-HUF (460.84 KB) | 460.84 KB |
AFFIDAVIT FOR HUF
I, _____________________________________, son of Shri __________________________, aged _______ years, resident of _____________________________________________, being the Karta of my Hindu Undivided Family (HUF), do hereby solemnly affirm and declare as under:
- That I am the Karta of our HUF which is known as __________________________________ (Name of HUF).
- That as on this date, the names of coparceners (including myself as Karta), along with their father's names and addresses, are as follows:
| S. no | Name of Coparcener (own name) | Father's Name | Address | Age |
|---|---|---|---|---|
| 1 | ||||
| 2 | ||||
| 3 | ||||
| 4 | ||||
| 5 |
- That the said HUF has been in existence since ______________________ (Date).
Place: _____________________
Date: ______________________
Deponent
VERIFICATION
I, _____________________________________, son of Shri __________________________, hereby verify that the statements made above are true and correct to the best of my knowledge and belief, and nothing has been concealed therefrom.
Deponent
Note: This affidavit is to be executed on ₹500 Stamp Paper and duly attested by the competent authority.
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