Share of rent
DEEPAK DHAMEJA
(Querist) 13 August 2015
This query is : Resolved
WE HAVE 1 HOUSE PROPERTY WHICH BELONGS TO MY GRANDFATHERS NAME. MY GRANDFATHER IS DIED 20 YEARS AGO & MY GRANDMOTHER IS ALIVE TILL TODAY
NOW...
MY FATHER HAS ONLY 1 ELDER SISTER
MY GRANDMOTHER IS LIVING WITH US IN ANOTHER HOUSE
NOW WE WANT TO EARN RENT FROM THAT HOUSE
SHALL THE MY FATHERS SISTER HAVE TO CLAIM SHARE IN THAT RENT...
WE WILL RECEIVE 9000 PER MONTH RENT & DEPOSIT IS 80000/- ONLY
THANKS IN ADVANCE TO ALL MY ADVOCATES FRIENDS
THERE IS REPAIR EXPS OF 150000/- IN THAT HOUSE
PLS GUIDE SHE ENTITLED TO CLAIM THE AMOUNT OF RENT
IF YES THAN WHAT SHARE & WHO WILL BEAR THE REPAIR EXPS OF THAT HOUSE
malipeddi jaggarao
(Expert) 14 August 2015
Your father's sister has equal share in the property. She can claim the income out of such share. Any expenses should be born equally borne by the 3 legal heirs. Have a talk with your aunt and settle the matter by making a regd.partition deed/family settlement deed.
Rajendra K Goyal
(Expert) 14 August 2015
Reach with an understanding with your father's sister preferably in the form of a settlement / agreement.
ROHIT SHARMA
(Expert) 14 August 2015
1. No, she cannot claim any share since the house is still in the name of the grandmother and the rent that you will get is meant for the maintenance of the grandmother.
DEEPAK DHAMEJA
(Querist) 14 August 2015
OK SIR..
I RCD A LOAN OF 75000/- FROM OUTSIDE FOR REPARING OF THAT HOUSE & PAYING INTEREST 2250/- PER MONTH..
SHALL I LIABLE TO DEDUCT THE INT OF 2250/- AGAINST RENT 9000/- OR NOT
MY GRANDMOTHERS PER MONTH MEDICAL EXPS IS 5000/- ALSO
9000-5000-2250= 1750 IS THAT AMOUNT I HAVE TO DIVIDE IN 3 LEGAL HEIRS OR NOT PLS GUIDE
THANKS IN ADVANCE
Advocate/CS Sanjeev Kataria
(Expert) 16 August 2015
the settled legal position is that the hindu daughters have equal right in her father's property. if your father sister claim money out of the rent received, she is liable to maintain your grandmother also. the expenses incurred on the maintenance can claimed as deduction