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house propery selfocupied

RAVI (INVESTMENT ADVISOR) (152 Points)

14 July 2010

Husband wife (both salaried)j

joint owned two house (in mumbai), and claimed interest u/s 24 in form 16 with there employer...( 1st house husband & 2nd house wife) where as one house is letout @ 9000/ pm for 4 month in PY. can both individual claim 1 house as selfoccupied ?

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2 Replies

Amir (Learner) (4016 Points)
Replied 14 July 2010

Hi Ravi,

No, a house CANNOT be claimed as Self Occupied if it was let out for even a single day during the previous year.

Sec 23(3) -

The provisions of sub-section (2) shall not apply if—

(a) the house or part of the house is actually let during the whole or any part of the previous year; or

(b) any other benefit therefrom is derived by the owner.

U can claim reduction in Annual Value on account of Vacancy provided it was remained VACANT ( and was not self occupied)

JITENDRA KUMAR DHINGRA (Executive) (93 Points)
Replied 14 July 2010

Hi Dear,

First you should consult about the owner of House Property.You should make also ensure that the provision of Sec 64 i.e. clubbing of income,as well as Where the house property is partly self occupied and partly on rent, it shall be assumed that property was on rent throughout the year.Therefore there is not any matter of discussion about the property which is self occupied as well as on rent during the year,It will assumed prop. is let out during the year.Now the question is property which is not let out.Ther is a ques. arise who is the owner of the property, the deduction shall be available to them.

Regards

Jitendra