Splitting rental income from jointly owned house

Hi,

If Mr.x and Mrs.x are co-owners of a house and the share of % of ownership of each of them is not mentioned anywhere in the agreement/ legal documents. [Mr.x paid the entire cost of acquiring the house from his personal savings initially] Mrs. X is house wife and has no other income to report.

The property is rented out and they receive monthly rent of Rs.10000 (say). pay Municipal tax of rs.200 for a year.

Is the following workout right?

Mr. X:

Rental income: 5000 x 12

Less municipal tax: 100

Less 30 % 

Property Jointly owned-yes.

ownership %=50%

The same workout for Mrs. x too...

 

Can i even mention 80:20 ratio for Mr.x and Mrs.x? is there any legal steps required to establish the % of share in property to divide the rental income accordingly? If it is not mentioned there, can that be assumes as 50% by default? Can the wife ,who literally earns no other income, claim a big share of the rental income(as in case of 80:20 ratiodeclaration in ITR)?

Replies (1)

Actually the share of ownership is decided by the ratio in which purchase money is paid . 

Its like gifting the property on which income is earned to wife and hence clubbing of income . 

So the whole of income from rentals will be taxable in the hands of MrX.

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