Minor child
This query is : Resolved
jugal solanki
(Querist)
17 April 2012
House Property in name of Minor child valid or not? or Income frm HP will be clubbed to parents income?
CA Rakesh Goenka
(Expert)
17 April 2012
yes house property can be in the name of minor and it is valid as well and as per clubbing provision , income from HP will be taxable in hand of either mother or father whose income will higher in previous year
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CA. Sameer Kashikar
(Expert)
18 April 2012
although minor is incompetent to enter into a contract, the parents can enter into such a contract for the benefit of the minor, that means minor cannot buy the property, but in his name his guardians can purchase the property in the name of minor.
And for clubbing of income
All income which arises to the minor shall be clubbed in the income of his parents.
Income will be included in the income of that parent whose total income is greater.
This case has two exceptions
(1) Income of minor child suffering from specified disability .
(2) Income of minor child on account of manual work or involving application of his skill/talent etc.
Since House property Income doesn’t fall under any of the exceptions such income will be clubbed in the income of that parent whose total income is greater.
And for clubbing of income
All income which arises to the minor shall be clubbed in the income of his parents.
Income will be included in the income of that parent whose total income is greater.
This case has two exceptions
(1) Income of minor child suffering from specified disability .
(2) Income of minor child on account of manual work or involving application of his skill/talent etc.
Since House property Income doesn’t fall under any of the exceptions such income will be clubbed in the income of that parent whose total income is greater.
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20 April 2012
Yes it can be but the income will be clubbed with parents. Other experts have given you the expert opinion and I agree with them
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