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SECTION 27 “OWNER OF HOUSE PROPERTY”, “ANNUAL CHARGE”, ETC., DEFINED

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01. Rule regarding spouse

As defined in Section 27 (i)

If a person transfers any real estate to his or her spouse without providing adequate compensation, the transferor is presumed to be the owner of the property. This would not, however, apply in situations when a property is given to a spouse in conjunction with a separation agreement.


02. Rule regarding Minor Child

As defined in Section 27 (i)

If a person transfers any residential property to a minor kid without providing due consideration, the transferor is regarded as the owner of the transferred property. However, this would not apply in situations when a property is given to a married daughter who is still a minor.

A person is not considered as the deemed owner of a dwelling property when they transfer money to their spouse or minor child and the transferee uses that money to buy a house. The clubbing provisions outlined in Chapter 9 will, nevertheless, apply to such a transaction.


03. Rule regarding the holder of an Impartible Estate

As defined in Section 27 (ii)

An impartible estate's holder is regarded as the individual owner of each asset included in the estate. As the name implies, an impartible estate is a piece of property that cannot be divided by law.


04. Rule regarding the member of Co-operative Society, etc.

As defined in Section 27 (iii)

A member of a co-operative society, company, or other association of people to whom a building or part thereof is allocated or leased under a house-building scheme of a society, company, or association is deemed to be the owner of that building or part thereof allotted to him, even though the co-operative society, company, or association is the building's legal owner.


05. Rules regarding the person in possession of a property

As defined in Section 27 (iii) (a)

A person is assumed to be the owner of a house property if they are permitted to take or keep possession of a building or a portion of one as part of a contract of the kind mentioned in section 53A[1] of the Transfer of Property Act. This would apply in situations where (a) ownership of the property has been transferred to the buyer, (b) the sale consideration has been paid to the seller or has been promised to be paid by the buyer, and (c) the sale deed has not been executed in the buyer's favour despite the execution of other documents such as a power of attorney, agreement to sell, will, etc. Despite the fact that the property is not registered in the buyer's name, he would still be considered the owner.


06. Rules regarding people who are having property for a time period of not less than 12 years

As defined in Section 27 (iii) (b)

In accordance with section 269UA(f)[2], which refers to a transfer by way of lease for at least 12 years, a person who acquires any right in or with respect to any building or part of it is deemed to be the owner of such building or that part. This does not apply to situations in which a right is obtained through a lease on a month-to-month basis or for a term no longer than a year.

[1] Indian Kanoon (Section 53A of The Transfer of Property Act)-

https://indiankanoon.org/doc/221518/ [2] Indian Kanoon (Section 269UA (f) of The Income Tax Act)-

https://indiankanoon.org/doc/198883/

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