Tax Consultation (US and India)
2970 Points
Joined September 2011
In case of a death of an assessee, (plainly speaking) all the members will have 1 share on the property, so even you are the owner of the property. But if there was a will and she is to be the owner of the property as per the will then you would not be considered as owner.
It is possible to claim HRA but with some complications, since prima facie it appears odd to pay rent for the house you own. So, If your mother become the owner of the house (this can be done via relinquishment deed) and (you are excluded from its ownership) then you can pay rent.