Income tax - housing loan

Dear sir, I availed a housing loan from canara bank and constructed a house in my mothers property.I am paying the FULL EMI.(Me and my mother - co borrower in Loan) I am not the co-owner of the property. Now I am not able to claim the income tax. My question is 1) If I transfer the property to my name from my mother through settlement deed. Can I get the tax benefit? 2) I contacted a lawyer. he says that after transferring the property to my name. i have to mortgage the property again with the bank. but the property is already in mortgage with the bank. Can I avoid the remortgage because it will cost more money? Looking forward for your reply. Thanks, Sathish