Rental Income

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This discussion explores the tax implications of rental income generated from shops located in a house owned by the mother, but with agreements and municipal records in the names of the grandfather and father. The user wishes to declare this income in their deceased father's HUF return rather than their mother's individual return. Advice suggests that proper documentation, such as agreements and utility bills in the HUF's name, is crucial for claiming rental income under an HUF's Income Tax Return (ITR).

Amit Garg

Amit Garg (Querist)
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26 May 2020 My house is in my Mother's name. Under this home, there are some shops. Can I show rent received from these shops in my father's HUF return instead of showing the same in my mother's individual return? My father has already been expired and I am filing his HUF return by showing the rental income.

CA ANKIT GADA

CA ANKIT GADA (Expert)
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26 May 2020 Agreement and other utility bills must be in the name of HUF to claim in ITR

Amit Garg

Amit Garg (Querist)
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27 May 2020 Ankit Ji: Agreement of some shops are in my Grand Father's name and for some shops it is in my father's name. No agreement & Utility bills is under HUF. In Municipal Committee record, shops ownership is in my father's name.

CA ANKIT GADA

CA ANKIT GADA (Expert)
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27 May 2020 I dont think you can claim under HUF without proper documents.

C.A. Mayur J. Raiyani

C.A. Mayur J. Raiyani (Expert)
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29 May 2020 Income of property falls in HUF ITR are income of ancestral property or income of property purchased out of the funds of HUF.

Amit Garg

Amit Garg (Querist)
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30 May 2020 @Mayur ji, this is Ancestral property which has been transferred in my mother's name 3 years ago. All rent agreememts are also in the name of my grandfather/my father in their individual names. Till now, I was showing rent income in HUF but now as property has been transferred but agreement can't be tranafer now. Plz suggest.

Amit Garg

Amit Garg (Querist)
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31 May 2020 @Mayur ji, this is Ancestral property which has been transferred in my mother's name 3 years ago. All rent agreememts are also in the name of my grandfather/my father in their individual names. Till now, I was showing rent income in HUF but now as property has been transferred but agreement can't be tranafer now. Plz suggest.

C.A. Mayur J. Raiyani

C.A. Mayur J. Raiyani (Expert)
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01 June 2020 If you haven't created your HUF then you are the karta of your father's HUF and you can fairly include rental income in HUF ITR

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