Master in Accounts & high court Advocate
9610 Points
Posted on 17 June 2025
Tax Treatment of House Property Income After a registered partition of HUF properties among brothers (coparceners), the house property income (rents) arising from the properties allotted to each brother should be treated as follows:
Post-Partition Tax Treatment -
*Individual Income*: The rental income from the properties allotted to each brother in the partition deed should be treated as their individual income, not as income of a new HUF. - .
*Assessment*: Each brother should report the rental income from their allotted properties in their individual income tax returns. Key Points -
*Partition Deed*: The registered partition deed determines the ownership and tax liability for each property. -
*Property Transfer*: The transfer of Khata (municipal documents) to the respective brothers' names after the partition deed supports the individual ownership and tax treatment.
Tax Implications - *Income Tax Act*: Under the Income Tax Act, 1961, rental income from self-occupied or let-out properties is taxable under the head "Income from House Property." -
*Individual Tax Liability*: Each brother will be liable for tax on the rental income from their allotted properties, based on their individual tax slab rates.
By treating the rental income as individual income, each brother can claim deductions and exemptions available under the Income Tax Act, 1961, for their respective properties.