Critical Analysis of Hindu Undivided Family and Partnership

  • Niranjan Sudhakar Chavhan and Astha Vivek Tarange
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  • Niranjan Sudhakar Chavhan

    Student at Maharashtra National Law University, Aurangabad, India

  • Astha Vivek Tarange

    Student at Maharashtra National Law University, Aurangabad, India

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Abstract

This paper presents a critical analysis of two distinct business structures in India: The Hindu Undivided Family (HUF) and Partnership. Rooted in traditional family dynamics, HUFs are governed by Hindu personal law and provide unique advantages such as tax benefits and continuity of family business. However, they also present challenges, including gender inequality in decision-making and a rigid hierarchical structure. Conversely, Partnerships, defined by mutual agreements among individuals, offer greater operational flexibility and shared responsibility, making them more suited to modern business ventures. This analysis examines the legal frameworks, formation processes, taxation implications, and dissolution mechanisms of both structures, highlighting their respective advantages and disadvantages. Ultimately, the relevance of HUFs and Partnerships is contextualized within the broader landscape of Indian business, with emphasis on the need for careful consideration of familial ties, business goals, and socio-economic factors. This comparative study aims to inform potential entrepreneurs and stakeholders about the implications of each structure, fostering a deeper understanding of how these frameworks can be leveraged to optimize business success while addressing contemporary challenges.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 6, Page 336 - 352

DOI: https://doij.org/10.10000/IJLSI.112335

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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