Clubbing of income - Rental Income

Arvind (Other) (30 Points)

26 November 2020  

Dear Gurus,

My father gifted me a land (in Tamil Nadu) and I constructed a building & left it on commercial rent. I’m planning to add my wife’s name as a co-owner to the property through a “settlement deed/agreement” in lieu of using her money/gift (her salary income, jewelry and her father’s monetary gift) for my purpose. I want the rental income on the property to be shared between me and wife without the clubbing of income provision getting applied. For this:  

  1. Is the settlement agreement, the right one to use?
  2. Should the agreement show the consideration that I received/used from my wife to be eligible for non-clubbing of income?
  3. If yes, should the amount be in-line with the 50% of the registration department's value of the property?
  4. Any thing else to be taken care of in the process/agreement to ensure clubbing of income doesn’t happen?

Thanks for your valuable advice.