Tax on sharing of rent by heirs as per WILL DEED

Tax planning 566 views 1 replies

My father left a WILL DEED, wherein he beaquthed a property to my mother only as beneficiary, while specifically mentioned that the rental income be shared by all hiers (i.e my mother, two sisters and my self) equally.

 

My mother has let out the building to a government office and executed a 11 month rental agreement. The tenent is issuing a single cheque on my mother's name after deducting tax i.e TDS @ 10%.

 

  1. Based on clause in WILL DEED can the tenant be asked to issue separate rent cheque to all the four heirs for respective 1/4th share?
  2. Is it necessary that all the four heirs should sign the rental agreement ?
  3. Rental income is 18000/- per month. So if four cheques are issued TDS can be avoided also tax return becomes easy. Can I do like this ?

 

 

Replies (1)

If the Will is duly probated, the rent agreement can be prepared in the lines of the Will wherein the landlady shall be the mother and the rental income shall be shown as payable to the beneficiary/legal heirs, and not the landlady, as per the Will attached. She may also prepare an affidavit stating that since the Will and rent agreement clearly states that the beneficiary of rental income is not herself, the beneficiary shall be liable to tax and not her. 

 

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