House rental allowance(hra)

Dear Sir/Mam/Peers,

I was handling a case of Rent payment by a son to his father for claiming HRA. While framing the rent agreement i came across a doubt which is as follows:

The address mentioned after the name of both father and son is coming same(i.e. where R/o is used). Also the property taken on rent is having same address. i.e. all the address mentioned in rent agreement are coming to be the same(all highlighted in yellow below).

So my question is whether the presentation used is correct or if we wish to improve it how can we change this language(language part) since it is not looking proper and not looking good and the son might face problem from A.O. also. in regard to claiming HRA.

Shri R. kumarS/o Shri A kumar R/o xyz flat, street no. 4, laxmi nagar, delhi-110092, who is authorized to sign and execute this Agreement (hereinafter ....) of the FIRST PART,

AND

Shri S. Kumar S/o Shri R Kumar R/o xyz flat, street no. 4, laxmi nagar, delhi-110092, (hereinafter ...) of the SECOND PART.

WHEREAS

i) The FIRST PARTY is the owner of R/o xyz flat, street no. 4, laxmi nagar, delhi-110092.

AND

ii) The SECOND PARTY is interested in taking one room set(attached balcony and bathroom) of above said flat (hereinafter referred to as “demised premises”), as a pen guest on a monthly rent basis for residential purpose only.

Now the next question is i have a stamp paper for this rent agreement dated 7th May. Can we execute a agreement from 1st April, if yes, how? Also suppose this is correct notarising and getting it registered it now i.e. around 10th June will be correct??

Thanku in advance. Thanku very much.

P.S. Rent agreement has to be executed. Please dont suggest that it is not required.

THIS AGREEMENT OF LEAVE & LICENCE is made and entered into at Delhi on the 20th day of July Two Thousand and forteen

PERIOD

2. The party of the other part has agreed to occupy and use the said FLAT premises for a period of eleven months purely on leave and licence basis commencing on 01-04-2014 and expiring on 28-02-2015

There is no problem as far as address written. One cannot change that under any circumstances.

In case the AO enquires the son will face problem in any case as this transaction is a related party transaction u/s 40A(2b) so the wordings will not matter at anytime.

Now the next question is i have a stamp paper for this rent agreement dated 7th May. Can we execute a agreement from 1st April, if yes, how?

Yes you can execute the agreement on the above stamp paper

Also suppose this is correct notarising and getting it registered it now i.e. around 10th June will be correct

Yes it will be correct as the period mentioned is a seperate clause in the agreement which is mutually agreed by both the parties.