G. ARAVINTHAN (Legal Consultant / Solicitor) 05 January 2022
If she possess any other document to prove that she is a residing there at any point of time, then she can be stated as Resident
Aryan Raj 05 January 2022
In response to your query,
A person doesn't need to be staying in the hose or property physically to be called as a resident if he/she is a legal resident of the country and pays taxes for the co ownership of the property and has all the relevant documents related to the house ownership then he/she cannot be dismissed from the title of co owner of the property. Therefore in the given case the daughter can still be a resident of the house even she is not staying there.
The residential status of a person is defined in the Income tax act, 1961.
Mansha Kathuria 11 January 2022
Every joint or co-owner has a proprietary right to the entire property under the Transfer of Property Act. A person does not have to be physically present in the house or property to be considered a resident; if he or she is a legal resident of the country, pays taxes for co-ownership of the property, and has all of the necessary documents, he or she cannot be removed from the title of co-ownership of the property. The Income Tax Act of 1961 defines a person's residence status. A co-owner is entitled to three essentials of ownership:
· Right to possession
· Right to use
· Right to dispose off his/her share of the property if it is clearly stated, in the deed.
Therefore, if a co-owner is deprived of his property, he has the right to reclaim it. As a result, even though the daughter is not residing at the residence, she might still be considered a resident.