How do I create an HUF?

Short answerYou create an HUF by executing an HUF deed (declaring the karta and members), applying for a separate PAN in the HUF’s name, and opening a bank account for it. The HUF is then funded with ancestral property, or gifts/inheritance intended for the family — not by simply transferring your personal earnings into it.

The formation steps

An HUF comes into existence automatically on marriage in a Hindu family, but to use it for tax you formalise it: execute an HUF deed/declaration naming the karta and members (coparceners), apply for a separate PAN in the HUF’s name, and open a bank account for it. The HUF can then transact in its own name.

Funding it correctly

The crucial part is the source of funds. An HUF is properly funded by ancestral property, or by gifts and inheritances received for the family. You cannot simply route your own salary or professional income into the HUF to save tax — that income remains yours (clubbing provisions apply). Gifts from members can also trigger clubbing in some cases. Get the funding route right, or the saving fails.

A worked example

Example: a family creates an HUF, gets its PAN, and the grandfather gifts an ancestral plot’s rental income stream into it — that rent is then taxed in the HUF. By contrast, a doctor cannot pay his consulting fees into the HUF to escape his own tax. Used properly, the HUF is a legitimate planning tool; misused, it’s struck down. Our team can set up the HUF and advise on funding.

Talk to CA Vijay R Singh

Want to set up an HUF correctly? You can message him directly, or book a short call to talk through your situation.

This answer is general information for professionals, not tax advice. Tax rates, thresholds and forms change with each Finance Act — please confirm the current position for your own facts, or speak to us, before acting.

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