Owner is not proving pan for hra purpose

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Querist : Anonymous

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Querist : Anonymous (Querist)
05 June 2014 Dear Sir,

I am paying 22500/- per month rent in mumbai. For claiming HRA Deduction, I need to furnish PAN of owner of flat.

Owner of flat is an govt employee and has 1.5lacs monthly salary.

He refused to give PAN. Neither he is giving his Date of Birth and saying that he will terminate the rent agreement. I had already paid the brokerage of 22,000 for this flat. On termination of agreement my brokerage money will go in vein.


kindly suggest what legal action I can take against owner.

Whether I should go to consumer court?????

05 June 2014 negitiate with the broker to refund your brokerage money......(Provided however that you had a CORRECT deal with him......else consider this a your EDUCATION and training cost)The lawyer's fee in Mumbai will be more than 22000

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Querist : Anonymous

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Querist : Anonymous (Querist)
05 June 2014 what legal action can be taken against owner of flat.

broker will not refund the brokerage,since his duty was only to provide flat.

Owner is defaulter, there is no fault of broker.

05 June 2014 I disagree with you.......It is the broker who promised you the flat as per your requirements.....hope u have clearly narrated your requirements as to PAN...HRA claim....and hence rent receipt is must etc etc....So broker is dutybound to provide you the flat which fits well into your requirements......
(By the way...in Mumbai you need to inform the Police Station of proper jurisdiction that such and such person has been kept as the tenant.....please ensure that your owner has done that....) This duty is cast onto the heads of owner and not the broker.....

06 June 2014 why are you so worried. The requirement to provide PAN to your employer doesn't mean that you cannot claim HRA deduction in your tax return as Income-tax Act doesn't require employee to have landlord's PAN for claiming HRA deduction. The requirement for PAN is only for TDS purposes.


07 June 2014 yes nikhil is correct.............................

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Querist : Anonymous

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Querist : Anonymous (Querist)
09 June 2014 It means i should let my employer to deduct excess tds every month and i should claim refund at the time of filing return.

Y should i suffer because of owner. Since i fall in 30% tax bracket,my tds is also a big amount and i will loose 1% interest on excess TDS deducted (Notional Interest)

09 June 2014 yes it means so.

why you should suffer? well because your landlord is a fool.

09 June 2014 Sorry to interfere....But according to me Landlord should not be blamed. It is the tenant who has not negotiated correctly at the time of taking it on rent. It seems that he/she has pounced upon this premises as if it is the only place in Mumbai. So, Please stop blaming landlord. Accept that the tenant has not negotiated it well at the time of entering into contract. So now no need to plead innocence......your views pls

09 June 2014 Amol,

The PAN is not being provided to avoid income-tax!!!

How innocent is that, I don't know!!

regardless, I believe the tenant is getting his share of mistake through a lesser cash in hand with heavy TDS!!

09 June 2014 The rent agreement is a REGISTRABLE document. So much so, Mumbai Police has made it mandatory for the landlords to inform KYC of tenant to the nearest police station. The innocent tenant has ensured nothing of the 2 ...Now trying to pass on the buck to landlord is not justified.

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Querist : Anonymous

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Querist : Anonymous (Querist)
09 June 2014 That innocent landlord is now forcing to vacate the house since I m demanding PAN.

Broker is also not supporting me, since his obligation was only to provide flat to me.

Broker and landlord are good friends.Now I have to vacate the flat, broker will get another 25000 from new tenants and landlord can use the same trick.

My only mistake is that I have trusted a person, and that innocent person (as said by Mr Amol S Joglekar) has given his licence copy in rent agreement after hiding his date of birth

Kindly let me know any action that can be taken against broker and landlord..

Whether I can send Registered RD to landlord stating that kindly provide PAN otherwise I will not pay rent.

09 June 2014 how are you paying rent? cheque or cash?

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Querist : Anonymous

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Querist : Anonymous (Querist)
10 June 2014 He needs rent via cash, although i wanna give through cheque

10 June 2014 then file a complaint with nearest tax office provide company of the rent agreement alongwith your complaint.

10 June 2014 01.inform the nearest police station as well.
02. Disclose the name of this landlord along with the agent on social site....CACLUBOFINDIA...so others will take care...This is in addition to what Nikhil suggested


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