Dear Sir/Madam, I leased our family inherited land( it's inherited to my father through relinquishment deed from his father and I got the land inherited from my father after his demise) to an tenant for 15 years by registering the lease deed at the sub-registrar's office. Unfortunately, I was not aware we must write in lease deed Hindu Undivided Family (HUF) in front of name at the time of registration to receive rent in the HUF bank account. As a result, the tenant has been paying the rent into our individual account instead of the HUF account. To change lease deed to HUF and credit rent to HUF bank account the tenant has requested proof, such as RTC or MR etc documents, to rectify the deed and acknowledge the property as HUF-owned. However, the only documents we have are the HUF PAN card and passbook, as we lost the affidavit which has been created during huf creation . Additionally, after consulting with the revenue officer at the Tahsildar office, I was informed that HUF cannot be recorded in the RTC for properties in Karnataka. To address this, I have updated the E-KHATHA to reflect "HUF" before the owner's name in the municipal document where our land falls under muncipal area and have sent this information to the tenant, but I think they are not willing to change the rent to HUF bank account considering E-KHATHA/E-aasti document which I have changed to huf status. Our family has owned the property since 1960. Could you please advise what additional proof I can provide to confirm that the land falls under HUF, and how I can ensure the rent is paid into the HUF? Thank you for your assistance. Sincerely,
Dear Client, To tackle the challenge of how to guaranty that the rent on the inherited land is paid in the Hindu Undivided Family (HUF) account, there are several measures that you should follow. First, create a new HUF deed in writing regarding the family members and property usage and this may be got registered for getting a legal validity. It was good to note in your recent update the change of “HUF” in the E-KHATHA, make sure the tenant has access to this document as evidence. Moreover, provide the HUF PAN card and the passbook to prove the existence of the HUF Pan Card and the passbook to complete the existence of the HUF. In India, HUF is considered legal entity and can possess property for it can generate rental income. If the property is not held currently as HUF property than one must execute gift deed to formally transfer it. In cases where there are such changes, ensure that the tenant is informed and availed with the appropriate papers. In case they still do not agree to alter the payment method, you might want to issue an official legal notice referring to the documents and laws. In order to avoid such complications it would be advisable to consult a legal professional who has experience in the field of property and HUF management. I hope this answer resolve your query.
Dear Sir, You have to follow the guidelines of revenue officers. If tenant is not agreeing then get issue a legal notice to cancel the lease. Thus you will get the amounts to your HUF ACCOUNT.
1) Regarding the HUF PAN CARD – we can get details as to how the HUF PAN CARD was formed 2) Make a fresh HUF -Affidavit including the Family tree diagram from your Great Grand Parents & make it registered Notary. 3) Accordingly then you can open a Bank Account & get the rent / other revenue in your HUF BANK ACCOUNT We can guide you for the same
