• Gifted property rentals issue

Hi, my mother has gifted (registered gift after paying the registration charges according to the circle rate ) a property to me aswell as her daughter in law ( my wife). Now i want to rent this property but i am not sure that who will receive the rent. My wife or my mother as my mother is still living.
Asked 1 year ago in Property Law from Delhi, Delhi
Religion: Hindu

See you and your wife are entitled to rent after gift deed you both are absolute owners.

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
91 Consultations

5.0 on 5.0

property is gifted to you and your wife

so you both have become co-owners

the rent will be received by you both now

mother has no right in the rent as she has transferred the property by git 

Yusuf Rampurawala
Advocate, Mumbai
4854 Answers
29 Consultations

5.0 on 5.0

once gift deed is executed duly stamped and registered you and your wife would be absolute owners of property 

 

2) you and your wife would receive rentals 

Ajay Sethi
Advocate, Mumbai
71952 Answers
4324 Consultations

5.0 on 5.0

Dear Client,

Until possession not delivered, Gift not complete. Well, Any or both can receive rent, no issues but rent agreement will execute either by you or wife or by both, not by mother.

Yogendra Singh Rajawat
Advocate, Jaipur
16678 Answers
21 Consultations

4.6 on 5.0

As per law sole owner will be receive the rent. 

Mohammed Mujeeb
Advocate, Hyderabad
13754 Answers
6 Consultations

4.5 on 5.0

Hi,

 

Once your mother has executed a registered gift deed in favour of you and your wife. Now, you and your wife are the joint owners of the property. The rent can be received by you and your wife in equal proportions.

 

Please note that your mother has executed a gift deed and not Will, so the transfer of ownership is between living persons unlike Will where transfer of ownership happens only upon the death of the executor.   

 

Archana Shukla
Advocate, Bangalore
26 Answers
1 Consultation

5.0 on 5.0

As mother has already gifted the property she wouldn't be entitled for rent

It would be shared between you and your wife.

Anand Shukla
Advocate, Delhi
526 Answers
13 Consultations

4.9 on 5.0

Your mother having gifted away this property, is not any more entitled to collect the rent that accrues against this property.

Your wife may collect the rent.

Vibhanshu Srivastava
Advocate, New Delhi
8752 Answers
152 Consultations

5.0 on 5.0

That property is gifted to your wife and yourself then it's your property rent will be received by you only. But If  to you want to give it to your mother then there is no issue.

Prashant Nayak
Advocate, Mumbai
16659 Answers
30 Consultations

4.6 on 5.0

Law is only the person is entitled to recieve rent from his property who is having absolute tittle or we can absolute owner. But if he/she is not in that capacity due to illness or some other reason then in that situation third person can recieve such rent from the tenant 

Feroz Ahmad Parrey
Advocate, Srinagar
16 Answers

Not rated

The gift deed with any condition imposed in it is not valid hence once your mother had transferred the property by a registered gift deed to your names, then she has no rights in it hence se cannot receive the rent or any income derived out of this property after the transfer.

Now yo and your wife are the actual owners of the property hence you both are entitled to receive the rent jointly.

T Kalaiselvan
Advocate, Vellore
61890 Answers
799 Consultations

5.0 on 5.0

 

In case of a gift deed the title in the property passes instantaneously from the donor to the donee, and the donor then ceases to have any right, title or interest in the property. So the rental can be paid to either you or your wife.

Ashish Davessar
Advocate, Jaipur
27459 Answers
811 Consultations

5.0 on 5.0

Dear Sir,

After the gift deed the donee will have absolute owner of the property. In this case your wife is owner of property and she has every right to receive the rent.

Netravathi Kalaskar
Advocate, Bengaluru
4587 Answers
22 Consultations

4.8 on 5.0

Dear Sir,

 

Since there is a registered gift deed in respect of the property, your and your wife become the joint owners of the said property. Therefore the rent would be received by you and your wife .

Uma Vyavaharkar-Acharya
Advocate, Mumbai
32 Answers
1 Consultation

5.0 on 5.0

rent can be received by any one of you or everyone in shares as defined by you.

 

these are two different departments, one who does not take the rent if does not claims it is deemed that she or he does not have any objections to it.

so you can also get it transferred into the accounts of those whose tax liability is less and can take the tax exemptions easily.

taking rent has nothing to do with registration, 

Registration and Tax Departments are two different departments whose data are not matched and is not tallied in these cases many things are presumption. 

 

Amol Chitravanshi
Advocate, New Delhi
220 Answers
1 Consultation

4.0 on 5.0

If the gift deed says, with immediate effect, then you can take the rent. Suppose it says, after her death, then your mother takes the rent

G Suresh
Advocate, Chennai
390 Answers
4 Consultations

4.9 on 5.0

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