See you and your wife are entitled to rent after gift deed you both are absolute owners.
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.
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
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
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.
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.
As mother has already gifted the property she wouldn't be entitled for rent
It would be shared between you and your wife.
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.
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.
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
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.
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.
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.
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 .
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.