Sandeep (ADMIN) 01 November 2015

Individual tax return for income from joint property

My brother has filed an Appeal against TI allowed in my favour by District Court. My brother is running a Marriage garden on property which includes my share as well. He is running Marriage garden without my consent by claiming that the property is joint among All our siblings. Despite a mutual partition, he is dong so. When the Judge asked him to produce ITR's, he produced returns filed individually. Is it okay that he filed individual tax returns for income generated from so-called joint property? Please guide.

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4 Replies

GANDHI MOHAN BHARATI (Pensioner) 01 November 2015

As far as Income Tax Department is concerned, they are unlikely to trouble you. But if you do not protest nowat appropriate fora now and immediately, he may later on claim that the property is his. You should claim your share and include it in your income. Please consult a lawyer and a Tax practiopner

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 01 November 2015

As per mutual partition deed, every sibling has to act according to that deed terms & conditions. So deed is essential document for litigations. No ITR return is further evidence only.

Dr J C Vashista (Advocate) 03 November 2015

ITR do not confer title of the property, is mututal partition deed registered? Show the document to a local prudent lawyer for proper analysis, guidance and proceedings.