Self acquired property by father rent received by daughter

766 votes

As per Delhi Rent Control Act under Section 2(e) "Landlord" means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent to be entitled to receive the rent, if the premises were let to a tenant;"

So as per your question it is a self acquired property of the father and the father has no objection to the fact that the rent is received in the name of his daughter then it is absolutely right to do so.

However if the rent deed is entered between the father and the tenant and the rent is received by his daughter then the father can not raise any objection before the Rent Controller in case of any landlord-tenant dispute.

Advocate S. Sethu Mahendran LawRato

906 votes

You have not mentioned that your father is alive or not.

If your father is alive then as per his will /terms he may allow any one to collect rent on his behalf.

Sorry to say, but if your father is not alive and left behind no will, then share of the property including rent receipt with any out come from the said property will be distributed equally among the legal heirs.

At all point of time you can create dispute between your tenant that not to pay any rent to your Sister/ Dauthter and if tenant would like to pay will pay equally to all the legal heirs and all the legal heirs will issue receipt in favour of tenant.

You can do one more think, that you can go to the court and file a case of rendition of accounts of rent received by your sister/ daughter and court will allow you to recover your ratio which she or any one holds.

Advocate Abhishek Harjika LawRato

546 votes

It is allowed only to the extent such term is stipulated in the rent agreement between your father being landlord of the property and the tenant. If there is no such term nor any understanding in this respect between the two parties, then it not legally allowed.

Advocate Mayank Rustagi LawRato

831 votes

Yes I can be he means father executes general power of attorney in her daughter name and assign her powers and rights to claim rent on his behalf from the tenants. Other than this if her daughter takes rent and issued receipt on her own without having any authority then it's not legal.

Advocate Vikram Seth LawRato