I AM STAYING MY PARENTS HOUSE BUT IT IS REGISTERED IN NAME OF MY FATHER, WHO IS NO MORE, CAI I PAY HOUSE RENT TO MY MOTHER TO CLAIM HRA?
SANTOSH KUMAR SAHOO (GROUP-A) (190 Points)
10 December 2015I AM STAYING MY PARENTS HOUSE BUT IT IS REGISTERED IN NAME OF MY FATHER, WHO IS NO MORE, CAI I PAY HOUSE RENT TO MY MOTHER TO CLAIM HRA?
Z
( )
(2965 Points)
Replied 11 December 2015
In case of a death of an assessee, (plainly speaking) all the members will have 1 share on the property, so even you are the owner of the property. But if there was a will and she is to be the owner of the property as per the will then you would not be considered as owner.
It is possible to claim HRA but with some complications, since prima facie it appears odd to pay rent for the house you own. So, If your mother become the owner of the house (this can be done via relinquishment deed) and (you are excluded from its ownership) then you can pay rent.
Ramanuj
(Accountant.)
(834 Points)
Replied 11 December 2015
yes you can rend to paid to mother , becouse this property is not own in hand presenty owner of property is your mother so i thinks you can claim HRA & paid to mother
thanks
Ramnauj