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  1. Is it necessary to change the property deed to take full rent in a joint property?

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Is it necessary to change the property deed to take full rent in a joint property?

balwant jain

3 min read | Updated on February 27, 2026, 17:48 IST

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SUMMARY

Share in the ownership of the property gets crystallized at the time of purchase of the property and cannot be changed as per the whims and fancies of the joint owners.

joint property taxation rules

One should allocate the rent in the ratio of the respective contribution to avoid any problem in the future. | Image source: Shutterstock

Can you change the rent-sharing ratio without changing the ownership ratio in a joint property's document at any time? The answer is yes, provided you follow the proper legal route and amend the property deed to reflect the change. Not doing a so can land you in tax trouble. Today's Q&A explains this in more detail in response to a reader's query.

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Question by Shyam Prasad: We have three properties. We have let out two properties. Out of them, one property was registered in joint names without mentioning any specific share in the agreement. All these years, we have been dividing the rental income equally, and the same was reflected in our tax filing. Now, can I take the full rental income as my income in tax filing without changing the property deed?
Answer: Income from any asset belongs to its owner, i.e., the person who has paid for it. This equally applies to rental income from a house property. In case of a property, which stands in joint name, the rent should be divided among the joint owners in the ratio in which the same was funded by them respectively. It is not necessary that the purchase/sale deed of the property should mention the respective share of all the joint owners in the ownership of the property.

Since the rental income was divided between the joint owners equally in the past, it is presumed that the same was funded equally by all the joint owners.

Share in the ownership of the property gets crystallized at the time of purchase of the property and cannot be changed as per the whims and fancies of the joint owners, unless an agreement to transfer one’s share to another joint owner is entered into and registered with the office of the registrar.

It seems that you wish to change the rent-sharing ratio, without actually changing the ownership ratio. In my opinion, doing this is patently wrong and may invite penal action from the Income Tax Department if the same is detected. I would strongly advise against doing so.

In case the contribution for the ownership of the property was not made equally, please allocate the rent in the ratio of the respective contribution to avoid any problem in the future.

Have a personal finance and income tax query? We will try to get them answered by experts. Write to rajeev.kumar@rksv.in
Disclaimer: The views and opinions expressed above are those of respective experts/commentators and do not reflect the views of Upstox. The above Q&A is only for informational purposes and should not be considered investment or tax advice from Upstox. Please consult a tax expert for your complex tax problems.
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About The Author

balwant jain
Balwant Jain is a Mumbai-based tax and investment expert.

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