I AM AN KARTA OF AN HUF.
THERE IS SOME INVESTMENTS BY HUF IN ELSS MF WHICH HAS LOCK IN PERIOD OF 3 YEARS.
I AM PLANNING TO FULLY DISOLVE MY HUF, AND DISTRIBUTE THE ASETS TO ALL THE MEMBERS OF HUF.
HOWEVER BECAUSE OF LOCK IN PERIOD, I CAN NOT SELL MY ELSS MF.
HOW DO I OVERCOME THIS SITUATION AND FULLY DISSOLVE MYHUF.
Ans: ? Understanding Your Current HUF Investment
– Your HUF has investments in ELSS mutual funds.
– ELSS funds have a strict lock-in of 3 years from investment date.
– During the lock-in, units can’t be redeemed or transferred.
? Legal Restriction During Lock-in Period
– ELSS units are non-transferable during lock-in.
– Even if HUF dissolves, these cannot be assigned to members.
– This is an SEBI regulation and applies to all ELSS units.
? HUF Dissolution and Asset Transfer Planning
– You can dissolve the HUF legally through a partition deed.
– But you cannot transfer ELSS units till lock-in ends.
– Other HUF assets can be partitioned and distributed.
– For ELSS, you must retain them under HUF until each unit’s lock-in ends.
– Once the lock-in is over, units can be redeemed or distributed.
? What You Can Do Now
– Step 1: Identify the investment date of each ELSS SIP or lump sum.
– Step 2: Create a schedule of lock-in end dates for each investment.
– Step 3: Initiate partition of all other movable and immovable assets.
– Step 4: Retain ELSS in HUF name till lock-in ends.
– Step 5: Dissolve HUF formally after that or close only after transferring.
? Treatment of ELSS Units During Dissolution
– Even if you dissolve the HUF now, ELSS cannot be passed to members.
– Mutual fund company won’t process ownership change during lock-in.
– Legal title remains with HUF till maturity of lock-in.
? Operational Way Forward
– Maintain HUF PAN and bank account till lock-in ends.
– One option: dissolve HUF except for ELSS units.
– Keep HUF active only to hold ELSS units till lock-in ends.
– After 3 years from each investment, redeem and distribute proceeds.
? Partition Deed with Clause for ELSS
– Prepare a written partition deed listing all HUF assets.
– Mention ELSS investments and their lock-in dates separately.
– State clearly that ELSS will remain under HUF till lock-in ends.
– Add clause to distribute ELSS proceeds post lock-in as per agreement.
? Taxation Implications
– During lock-in, ELSS continues to be taxed in HUF’s name.
– LTCG above Rs. 1.25 lakh taxed at 12.5%.
– Short-term capital gains (if any from other assets) taxed at 20%.
– Post lock-in, when redeemed, gain is taxed under HUF.
– You can distribute only net amount to members.
? Family Agreement & Clarity
– Ensure all members of HUF agree on partition terms.
– Take written consent from each member to avoid future issues.
– Keep a notarised deed and record asset valuation clearly.
? Role of Certified Financial Planner
– A CFP can help create a step-wise strategy.
– Also helps in timing redemptions, handling taxation, and planning future reinvestments.
– If members want to reinvest ELSS proceeds individually later, CFP can guide well.
? Avoiding Errors
– Don’t try to transfer ELSS units to individuals before lock-in.
– This will violate fund terms and SEBI rules.
– Mutual fund house will reject any such transfer request.
? Future Planning Post Redemption
– Once ELSS units are redeemed, you can distribute as per partition terms.
– Each member can invest that in personal mutual funds.
– Regular mutual funds (non-ELSS) can then be held in their individual names.
– For new investments, avoid ELSS under HUF if dissolution is planned.
– Use individual accounts or family trust structures if needed.
? Final Insights
– You cannot bypass the ELSS lock-in through dissolution.
– You must wait for 3-year period to end for each investment.
– Till then, HUF must remain active to hold ELSS legally.
– All other assets can be divided through a proper partition deed.
– Plan dissolution in phases if needed.
– Maintain transparency among members.
– Once ELSS unlocks, redeem and distribute based on prior agreement.
Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment