naresh A Mr. (Others) 14 July 2017

Regd lease of house and sharing of rent

Hi, My wife has 2 elder sisters. Her mother has a house in her name which she bequeathed in her Will equally to her 3 daughters which includes my wife and her 2 elder sisters. And her mother is now no more.

The 3 sisters have let the house on lease now.

The middle sister does not want the rent from the house and wants my wife and her other sister to share her 1/3rd share of the rent equally. In other words the middle sister wants my wife and her other sister to share the rent generated out of the house amongst themselves and does not want any share in it, though she is also an owner of 1/3rd of the house.

Now what legal document does she have to use to give this in writing....whether she should use and an AFFIDAVIT, or some kind of Declaration deed , or gift deed etc.

Experts please let me know.

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3 Replies

Raveena Kataria (Advocate ) 14 July 2017

In my opinion, she can perhaps file an affidavit and have it decreed by the court that she is ready to forego her share of the rent arrears payable by the tenants. Or it would merely depend upon verbal mutual agreement between the sisters (co-owners of the property on lease.) Rest assured, there's no role of a sale deed or a gift deed in this case.

naresh A Mr. (Others) 15 July 2017

Thanks Raveenaji.

We just want to have a written proof for avoiding future problems with Inocme Tax etc.....

Just one doubt... Can we just prepare the affidavit and get her signature on it alone........or does it need to be notarised also?

Raveena Kataria (Advocate ) 15 July 2017

Please note, the very purpose of an affidavit is to make a sworn statement before any figure of judicial authority so as to maintain its authenticity. (A copy of it is added to the court records.)

So, for it to have a legally binding effect in your case, you will need to have it notarized.