| Question And Answer | |
|---|---|
| Subject: | income tax |
| Category: | Income-Tax |
| Querist: | shreyansh |
| Answered by: | Law Intern |
| Tags: | rental income |
| Date: | July 9, 2025 |
Whether you can declare rental income in your own name when the property generating such income is legally owned by your father, and under which statutory provisions and case law such a plea would be examined. Also, whether any exemptions or legal avenues exist to support such a claim, and why such a plea is unlikely to sustain under Indian law.
Property rental income has to be offered in the hands of the legal owner. The legal owner can show that he gifted the property to his son and that the son is the beneficial owner of the property and rightly offered the rental income in his hands. However, the “gift” will have stamp duty implications. The father can also show he created an irrevocable trust in favour of the son.
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