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Can I split rent with my mother to save tax?

Mihir

Mihir Tanna  |1060 Answers  |Ask -

Tax Expert - Answered on Dec 13, 2024

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Asked by Anonymous - Dec 12, 2024Hindi
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Hi, I have a rented property transferred in my mothers name with NOC given from me after my father passed away. My mother is living with me and the rent goes in our join savings account. I am jobless since covid with not much income except from this rental property. Can I show 50% rent in my name for IT purpose as we receive rent in joint account. Her income is going above taxable limit and has to pay tax above 1lac PA whereas I have less than 1 lac income PA. Kindly let me know what to do since I want to save tax in my mothers account. Thanks & Regards,

Ans: It appears that for income tax purposes, you are not owner of property and property is registered in the name of mother. Accordingly, as per income tax provisions, it is entirely taxable in the hands of mother.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Tejas

Tejas Chokshi  | Answer  |Ask -

Tax Expert - Answered on Aug 07, 2023

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Hi sir. Hope alls well with you n ur family. Sir i am a 75 year old lady living in south mumbai. I hav given my PAGRI flat of which I am BENIFICIARY OWNER / SOLE TENANT on rent to my grandson for 49,500 per month. He is claiming HRA on same. For proof he is submitting rent agreement between him and me on notarized stamp paper, Electric bill which is on my name for ownership proof of said flat, My Pan card and bank passbook xerox of both of us showing rent given by him and received by me, To his company. I am also filling my IT return and showing rent as my income. Now i hear that pagri flats cannot be given on rent. Hav no other source of income. Pls advise. Greatfully yours ZARINA.
Ans: "Pagri flats" typically refer to properties where the tenant (in this case, you) pays a lump sum amount to the landlord (previous owner) as a security deposit, and then the tenant continues to live in the flat without any formal lease agreement. The ownership and legal status of Pagri flats can be complex and may vary depending on local laws and regulations.It's important to clarify the legal status of the Pagri flat in terms of its rentability. If Pagri flats are not legally allowed to be given on rent in your area, you might need to address this situation. In many cases, renting out properties in violation of local regulations can have legal consequences. From a tax perspective, if you are indeed receiving rental income from your Pagri flat, you should be reporting it in your income tax return. You can offset this income by claiming deductions on expenses related to the property, such as maintenance, repairs, and property taxes. However, if the property is not legally rentable, there could be complications in terms of both tax and legal compliance.
Your grandson claiming HRA (House Rent Allowance) for the rent he's paying you might raise concerns if the property is not legally rentable. HRA is usually claimed when an individual pays rent to a landlord other than a close relative. Since you are his grandmother, the relationship might fall under the category of a close relative.

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Hardik

Hardik Parikh  |106 Answers  |Ask -

Tax, Mutual Fund Expert - Answered on Jul 29, 2023

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Hi sir. Hope alls well with you n ur family. Sir i am a 75 year old lady living in south mumbai. I hav given my PAGRI flat of which I am BENIFICIARY OWNER / SOLE TENANT on rent to my grandson for 49,500 per month. He is claiming HRA on same. For proof he is submitting rent agreement between him and me on notarized stamp paper, Electric bill which is on my name for ownership proof of said flat, My Pan card and bank passbook xerox of both of us showing rent given by him and received by me, To his company. I am also filling my IT return and showing rent as my income. Now i hear that pagri flats cannot be given on rent. Hav no other source of income. Pls advise. Greatfully yours ZARINA.
Ans: Dear Zarina Ji,

I hope you are doing well. I understand your concern regarding the rental of your Pagri flat.

The Pagri system is indeed a unique and complex aspect of Mumbai's real estate. As per the information available, there is no specific clause in the Income Tax Act that prohibits the renting of a Pagri flat. However, the legalities surrounding the Pagri system can be quite intricate and may vary based on specific circumstances.

In your case, as you are the beneficiary owner and sole tenant of the flat, and you are declaring the rent as your income in your IT return, it appears that you are following due process. Your grandson is also providing all necessary documents to his company for HRA claim, which seems appropriate.

However, I would strongly recommend consulting with a legal expert or a chartered accountant who is well-versed in the Pagri system and its implications. This will help you ensure that you are in full compliance with all legal and tax requirements.

Stay healthy and safe.

Best regards

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Mihir

Mihir Tanna  |1060 Answers  |Ask -

Tax Expert - Answered on Jan 29, 2025

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I have purchased a flat worth Rs 70 lacs and registered it in my son's name The full amount has been paid from my savings . My son was an NRI at the time of registration and doesn't have income source in India , except maybe Rs 2 lacs in his savings account. I recently came to know that we have to inform , if we purchase any property above Rs 30 Lacs . Will the above transaction cause any Income Tax issues for my son ? I don't not own any other property I have furnished the flat and stay in it whenever I come to Coimbatore I stay in a different apartment in Madurai I don't not plan to rent it out. My reason for buying a property in his name is I am 70 years old and I want to create an asset for him in the future. Is there any submission He or I have to make to I T Dept stating that I have gifted the amount. I am an assessee and file I T Return regularly. My son used to file when he was employed in India . Last 2 years , he is a NRi and doesn't file since he doesn't have any Income . Should I just prepare a Letter for records ,stating I have purchased a Flat in my son's name as A Gift and give details of amount paid by me from my Bank account to the Flat promoter.
Ans: Reporting will be done by the property registrar and not by buyer/seller.

If father give gift to son of substantial amount, it is advisable to execute the gift deed.

As son don't have any income source in India, department may ask source of money and which can be explained by you with proper documentation.

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Anu

Anu Krishna  |1619 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Jun 11, 2025

Asked by Anonymous - Jun 04, 2025
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Hello Anu Mam, I have a friend who has been married for 10 years and with 2 kids one 8 yr old daughter and a two year old son. His wife whom he loved and trusted so much had cheated on him with one of her friends for almost 3 years which he came to know about last year. Though he could not digest that and thought of divorcing her but thinking about his children's future he changed his mind and told her to end all communication with him in order to save this marriage .She too had agreed . He hadn't told about this to anyone except me including her parents whom he respected a lot and hence didn't want to hurt them ... But after 3 months he came to know that she was still in contact with her friend using another phone without his knowledge and her affair also had not stopped . This time he couldn't tolerate and told this to her parents and told them that he would be filing for divorce. Her parents literally begged with him not to do so and requested him to give one last chance as they would mend her this time . He told them that even after giving her a chance to mend herself she has cheated again and broken his trust and that he couldn't live with her without trust . So he had decided to move on but his wife and her mother threatened him that they will have no other choice but to commit suicide if he doesnt forgive his wife. He was also worried about his children's future without their mother .. Based on some elders and friends (including mine )advice he gave her one last chance but on condition that there should not be any communication with her affair partner in future and if he comes to know about them being in any kind of contact he would be filing for divorce . His wife and her parents agreed to this and he took her back though not wholeheartedly but due to circumstances. Though they lived under one roof they did not live a harmonious life and lived like strangers and there used to be quarrels very frequently between them . This sometimes had gone physical and on many occasions his wife had threatened him with suicide... And in March this year he came to know that she was in contact with her affair partner secretly using another phone. When confronted she told they were just talking and nothing else...Though there may not be any physical contact this time my friend is very upset and adamant that he wouldn't live with her and want a mutual divorce ...His wife is not agreeing for it and threatening that she would write his name and end her life if he goes for a contested divorce. My friend is too worried about the legal complications if such a thing happens . He is also concerned about his kids especially his daughters future if he goes for a contested divorce based on adultery , the impact it would have on his daughter s future ..He doesn't want to spoil his daughters future ..At the same time he says he cannot imagine living with his wife again after being cheated on twice... Kindly advice what should I advise him ...
Ans: Dear Anonymous,
I don't agree with the 'cheating' part, but has your friend bothered to understand what makes his wife step out of marriage again and again?
How is their marriage? Is it compatible? Emotionally are they connected? How is their sex life? These are the ones that can help put their marriage together. Threats and fights are not going to solve anything. Even if she come back, the root cause of the marriage breakdown will drive her out of the marriage again...

All the best!
Anu Krishna
Mind Coach|NLP Trainer|Author
Drop in: www.unfear.io
Reach me: Facebook: anukrish07/ AND LinkedIn: anukrishna-joyofserving/

...Read more

Samraat

Samraat Jadhav  |2331 Answers  |Ask -

Stock Market Expert - Answered on Jun 11, 2025

Asked by Anonymous - Jun 11, 2025
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Hi, I am 33 yr old working in a private ltd company having a package of 13LPA. I have seen a very tough childhood with lot of financial pressure. Never indulged in any kind of luxury or hobbies. After getting job, tried to fulfill some dreams of my parents. Made some tours, bought an apartment and married my loved one. After that, suddenly both my parents got major medical issue. Heart attack and Cancer. I have made them cure completely and both of them now ok. After all that I had a debt of 40L in 2023 and I was puzzled, how to repay them. Then the worst thing happened, with social media influence I took some more loan and traded in F&O and lost another 15L. Now my total debt is 60L - 20L HL, 20L PL. 5L GL and 15L CC outstanding. I am the single bread earner for 5 persons. I am helpless. Please help me. I am a really dedicated employee and very hard working.
Ans: Let’s approach this in phases, like a strategy to reclaim your peace and your finances:

Phase 1: Stabilize and Stop the Bleeding
- Stop any further trading or taking on new loans — this may already be clear to you now, but your awareness and admission show that you’ve learned from it.
- Prioritize debts by urgency and interest rates:
- Credit card (15L) – likely highest interest, needs urgent attention.
- Gold loan (5L) – usually short-term, with moderate rates. Negotiate rollover if needed.
- Personal loan (20L) – medium-term priority.
- Home loan (20L) – lowest priority; keep EMIs running if possible.
- Talk to lenders now. Many offer restructuring under RBI guidelines:
- Convert CC or PL into longer-term loans with lower EMIs.
- Ask about moratorium or partial payments.
- Use the term "financial hardship due to medical emergency"—many lenders will respond better when it’s health-related.

Phase 2: Budget Like a Warrior
You earn ?13L per year (~?80K/month in hand post-tax & PF). The goal is to reduce EMIs to ~?40-45K/month if possible, leaving you enough to survive and breathe.
- Draft a no-frills survival budget—cut down discretionary expenses to zero for 12 months.
- Consider staying with extended family (if possible) to reduce rent or utility pressure.
- Free apps like Walnut or Cube Wealth can help you track and trim with precision.

Phase 3: Explore Boosters
- Secondary Income: With your skill set and dedication, explore freelance remote projects. Just 5–10K/month can be a massive psychological win and financial relief.
- Government Schemes: If your parents are now senior citizens, explore Ayushman Bharat or state-level health subsidies to avoid future shocks.

And finally—your mindset
This situation is brutal, yes. But temporary. You’ve survived the worst—health emergencies, emotional betrayal by social media influencers, and financial collapse. You’ve already paid the cost of those mistakes. You don’t owe them another ounce of your peace or self-worth.
You’re not the guy who failed with F&O trades.
You’re the guy who fought cancer and heart attacks and won.

...Read more

Samraat

Samraat Jadhav  |2331 Answers  |Ask -

Stock Market Expert - Answered on Jun 11, 2025

Asked by Anonymous - Jun 11, 2025
Money
Hi, I am 33 yr old working in a private ltd company having a package of 13LPA. I have seen a very tough childhood with lot of financial pressure. Never indulged in any kind of luxury or hobbies. After getting job, tried to fulfill some dreams of my parents. Made some tours, bought an apartment and married my loved one. After that, suddenly both my parents got major medical issue. Heart attack and Cancer. I have made them cure completely and both of them now ok. After all that I had a debt of 40L in 2023 and I was puzzled, how to repay them. Then the worst thing happened, with social media influence I took some more loan and traded in F&O and lost another 15L. Now my total debt is 60L - 20L HL, 20L PL. 5L GL and 15L CC outstanding. I am the single bread earner for 5 persons. I am helpless. Please help me. I am a really dedicated employee and very hard working.
Ans: Let’s approach this in phases, like a strategy to reclaim your peace and your finances:

Phase 1: Stabilize and Stop the Bleeding
- Stop any further trading or taking on new loans — this may already be clear to you now, but your awareness and admission show that you’ve learned from it.
- Prioritize debts by urgency and interest rates:
- Credit card (15L) – likely highest interest, needs urgent attention.
- Gold loan (5L) – usually short-term, with moderate rates. Negotiate rollover if needed.
- Personal loan (20L) – medium-term priority.
- Home loan (20L) – lowest priority; keep EMIs running if possible.
- Talk to lenders now. Many offer restructuring under RBI guidelines:
- Convert CC or PL into longer-term loans with lower EMIs.
- Ask about moratorium or partial payments.
- Use the term "financial hardship due to medical emergency"—many lenders will respond better when it’s health-related.

Phase 2: Budget Like a Warrior
You earn ?13L per year (~?80K/month in hand post-tax & PF). The goal is to reduce EMIs to ~?40-45K/month if possible, leaving you enough to survive and breathe.
- Draft a no-frills survival budget—cut down discretionary expenses to zero for 12 months.
- Consider staying with extended family (if possible) to reduce rent or utility pressure.
- Free apps like Walnut or Cube Wealth can help you track and trim with precision.

Phase 3: Explore Boosters
- Secondary Income: With your skill set and dedication, explore freelance remote projects. Just 5–10K/month can be a massive psychological win and financial relief.
- Government Schemes: If your parents are now senior citizens, explore Ayushman Bharat or state-level health subsidies to avoid future shocks.

And finally—your mindset
This situation is brutal, yes. But temporary. You’ve survived the worst—health emergencies, emotional betrayal by social media influencers, and financial collapse. You’ve already paid the cost of those mistakes. You don’t owe them another ounce of your peace or self-worth.
You’re not the guy who failed with F&O trades.
You’re the guy who fought cancer and heart attacks and won.

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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