Share in property
Navnit Panchal
(Querist) 30 July 2014
This query is : Resolved
My parents staying in Mumbai in a room on pagri since 1956 – my father died in 2005 – landlord did not transfer the room in the name of my mother but is taking rent in cash and giving receipt in the name of deceased father. Now the landlord wants to redevelop the building and is ready to give flat in the new building or money, about 50 Lakh, if she surrenders to him. What wl b tax liability in this case? Can my deceased brother’s wife/daughter claim any share from this sale proceeds? If my mother buys new flat, with me and my sister as co-owner, with this money, can my deceased brother’s wife/daughter claim share in the new property now / in future?
Devajyoti Barman
(Expert) 30 July 2014
Your sister in law has no share since the landlord by accepting rent from your mother has admitted your mother as new tenant.
In any case better to get money and move to different location than to take flat and face the future complications from your brother's wife.
Navnit Panchal
(Querist) 31 July 2014
Dear Sir, Thanks for the reply. If my mother is already accepted as new tenant by landlord then any person not staying with her in that premises can not have any claim on that house or funds rcvd fm surrendering same to landlord - right?
if abv is affirmative then what sort of future complications can arise fm my brother's wife or anyone else?
G. ARAVINTHAN
(Expert) 01 August 2014
the persons whom your mother permit can be with her as residents in the tenanted premises
Navnit Panchal
(Querist) 01 August 2014
Dear Sir, Thanks for the reply - I understood fm the 2 answers that due to acceptance of rent by landlord my mother has become tenent now and she can permit anyone to stay with her as residents in the tenanted premises. But my queries are is still unresolved.
1) What wl b tax liability if she surrenders house to landlord? 2)Can my deceased brother’s wife/daughter claim any share from this sale proceeds? 3)If my mother buys new flat, with me and my sister as co-owner, with this money, can my deceased brother’s wife/daughter claim share in the new property now / in future?
4)what sort of future complications can arise fm my brother's wife or anyone else?
Pls assist with abv queries.
ajay sethi
(Expert) 02 August 2014
landlord has not accepted your mother as tenant . rent receipts are not issued in your mother name . it is still in name of your deceased father .
apply to landlord in writing for transfer of tenancy in name of your mother as she was staying in said premises with your father .
your mother would need NOC from you and your brother wife for the same .
sum of Rs 50 lakhs received by your mother can be claimed by your sister in law/ your neice too as legal heirs of your brother
