Asha Kiran Sharma Shares Insights on Establishing Ownership and Managing Rental Income from Inherited Property

Asha Kiran Sharma has shared her insights on the legal and practical challenges that arise when inherited property is held without a Will and the original sale deed is unavailable.

In a recent Moneycontrol article examining how families can establish ownership in such circumstances, Sharma emphasised that establishing title requires more than relying on existing revenue records. “The present generation should reconstruct the chain of title and succession rather than relying solely on revenue records,” she said.

Reconstructing the Chain of Title and Succession

Asha highlighted the importance of undertaking a comprehensive title search to establish the property’s ownership history and trace the succession of interests across generations.

According to her, the search should extend beyond revenue records and cover Sub-Registrar records, revenue records and municipal or property-tax records, enabling the family to identify the original acquisition of the property as well as every subsequent transfer or devolution.

This approach becomes particularly important where the original sale deed is missing, multiple generations of legal heirs are involved, or there has been no formal partition of the inherited property.

The process may require examining supporting documentation such as registered deeds, encumbrance records, mutation orders, tax receipts and municipal records, alongside documents establishing the succession of legal heirs.

Asha’s comments highlight that revenue or mutation records, while relevant to tracing the history of a property, should not be treated in isolation as conclusive evidence of title. A proper assessment of the chain of title and succession is critical to determining the rights and interests of the present generation.

Rental Income Remains Taxable

Sharma also highlighted an important tax consideration for families receiving rental income from inherited property where ownership or succession remains unresolved. “Rental income does not become tax-free merely because the title or succession is under dispute,” Asha said.

She emphasised the need for families to maintain appropriate records of rental receipts and expenses and to consider the ownership interests of the respective co-heirs when determining the applicable tax treatment.

Where property is jointly inherited, the manner in which rental income is attributed may depend on the ascertainable shares of the co-owners and the applicable tax provisions. Accordingly, an unresolved title or succession dispute should not be treated as a basis for disregarding the associated tax obligations.

Importance of Legal and Tax Due Diligence

Inherited properties involving missing title documents, multiple generations of succession and ongoing rental income can create overlapping property, succession and tax issues. Her insights highlight the importance of reconstructing the property’s documentary history and family succession before taking steps such as partition, sale, transfer or restructuring of rental arrangements.

Her comments were featured in a recent Moneycontrol article titled “Inherited property with missing sale deed and no Will: How to establish ownership and handle rental income.”

Read the full article in Moneycontrol.

Last Updated on 31 August, 2026