Income from property held jointly

Others 174 views 3 replies

Hello Again ,

I have a joint property with my brother and has been given on rent.

Rent + TDS is taken only in one name.i.e in my name. Also the rental agreemnent has been made in my name.

Question is, is it ok to get rent in one name?

Property has been in rent for 10 plus years overall.


Also now I wish to change . i.e will be making an rental agreement in his name and take the rent in his name in full.
Kindly let me know if this is fine. Or will there be tax implications because I am changing agreement
and income will be credited to his account.

Replies (3)

For tax assessment, actual proceedure is to declare rent receipts as per the percentage of ownership of the property. Let it be paid to any single owner. If exceeds 1.80 L PA, even TDS has to be deducted by tenant (if liable for TDS deduction). You may face problem while detailed assessment of any of your IT files.

Thank for your prompt response.

TDS has been filed and claimed in my name so far.

So from your response I understand, the right thing to do is eventhough rent/tds comes in one name, right thing to do is 

file IT returns jointly (based on percentage) in both names to avoid IT scrutiny?

Also , is it possible that I gift percentage of house to him via an agreement (stamp paper?) and so he can file the IT returns in full? 

"Is it possible that I gift percentage of house to him via an agreement (stamp paper?) and so he can file the IT returns in full?"

It should be registered GIFT DEED.


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