• Can I 10-year lease my property to wife/relative & they can rent for 11 months to other tenants?

I am abroad. I have a property in my name. 
Can I 10-year lease my property to wife/relative & they can rent for 11 months to other tenants?
[so they will collect rent & they will pay the tax]
Asked 13 days ago in Property Law
Religion: Christian

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12 Answers

To give the property on rent you need not make a prior ease in favour of wife or relative.

\You can sitting abroad can execute a tenancy agreement or give POA to your wife who will execute such lease/tenancy agreement.

Devajyoti Barman
Advocate, Kolkata
22986 Answers
500 Consultations

5.0 on 5.0

In the lease agreement the conditions for sub letting the premises should be clearly mentioned so that any miscommunication can be avoided 

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

A lease can be entered into a period of 11 months or more depending on the decision of the landlord and tenant.

Here even if your wife becomes a tenant you are liable to pay the applicable taxes towards the rent received.

The lease can be renewed on expiry of the current term on mutual consent but it is always advisable that the renewal may be endorsed as and when it is renewed.

There's no problem in giving POA to your wife but you will be liable to pay the taxes on rent received.

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

You can execute lease deed in favour of wife .the lease deed can provide that wife can further sub lease the property 

 

lease deed should be stamped and registered 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

 

You can execute lease deed for period of 10 years or so . No need to execute agreement for one year or so 

 

2) you can execute POA in favour of wife authorising her to give premises on lease . Collect rentals on your behalf 

 

3) it should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

 

Wife will pay taxes on income derived by her from renting the property 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

  1. Create a POA in favour of relative incorporating terms on which the  relative/attorney can execute lease deed with tenant.
  2. Get the POA attested by notary public in the  State of your residence in U.S.
  3. POA will execute lease deed on terms agreed by you in POA.
  4. If the property is residential, no tax liability arises.

Ravi Shinde
Advocate, Hyderabad
4087 Answers
42 Consultations

5.0 on 5.0

Give POA to authorize wife to put property on rent. 

Yogendra Singh Rajawat
Advocate, Jaipur
22780 Answers
31 Consultations

4.4 on 5.0

- You can execute a POA in favor of that relative after mentioning the terms and conditions , that by way of this POA , the attorney will have legal right to lease/rent the property and also to collect the rent amount on your behalf 

- Since, you are residing abroad then you should notarized the POA as per rule of that country , and further attested it from the Consulate of India. 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

Dear Client,

You can indeed lease your property to your wife or relative for a long-term 10-year period and allow them to sublease it to tenants for shorter 11 months periods. For a 10-year lease you won’t require any automatic renewal clause. However, for a 11-month sublease creating an 11-month lease with an automatic renewal clause can simplify the process. Using a Power of Attorney (POA) is another method to manage your property while you are abroad. You can execute a POA in favor of your wife/relative, granting them the authority to manage and lease the property on your behalf. If you are in the United States, the POA should be notarized in the US and then attested by the Indian Consulate or Embassy. As far as tax implication is concerned if you lease your property to your wife/relative, they will be responsible for paying taxes on the rental income they receive from subtenants. However, if you use a POA, you will be responsible for paying taxes on the rental income collected by the POA holder on your behalf. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
9403 Answers
112 Consultations

4.9 on 5.0

Any person who is receiving the rental amount is liable to pay the taxes accordingly 

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

Yes but it’s should be registered and POA should provide you authority to do that act

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

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