Querry related to hra

This query is : Resolved 

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Querist : Anonymous

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Querist : Anonymous (Querist)
06 February 2014 I owned a Flat in Mumbai jointly Registered with my Mother, but my mother leaves in other state with my Father. While currently I am leaving in this flat with my Wife and Daughter.
Now I would like to ask whether can I pay Rent to my mother for using the said property for myself and get benefit of HRA.
If you could suggest me would be helpful. Also suggest whether the TDS compulsory need to deduct by me or its my mothers look out.

06 February 2014 1. You may technically as you dont own whole of the house. You draw up a lease deed for her part of the house.

2. TDS is not applicable if you are not covered under audit u/s 44AB which should be your case given that you are employed.

3. tax on such income is your mother's look out then.


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