deduction of interest on housing loan to co-owners

This query is : Resolved 

21 December 2010 A and B jointly procure a loan for construction of house property.A repays the loan entirely and wishes to claim the entire interest as deduction since B is an NR for that year.
Can A claim it?
If in future B(becomes Resident) wishes to claim the int entirely, can he do so with regard that initially deduction was being claimed by A only?
Can the percentage mutually eg(60:40)agreed between them be altered in future?

21 December 2010 In accordance to Section 26 , in case of co-owners, where their share is definite and ascertainable, share of each person in the income from property as computed in accordance with section 22 to 25 shall be included in his total income.

U/s 24, Interest is allowed on accrual basis, not on payment basis,
and in case of co-borrowers, it is the liability of each co-borrower in respect to principal as well as interest. Interest if paid only by one of them, then it will be treated as if he has paid on behalf of another person according to their own understanding. As such act does not provide such facility.

22 December 2010 do you want to say that A can not claim full deduction evenif he has paid the full interest ??

22 December 2010 do you want to say that A can not claim full deduction evenif he has paid the full interest ??

22 December 2010 A can claim that much deduction for which he is entitled. His entitlement is based on the certificate issued by the lender. The lender would issue Interest certificate in joint names. Hence A can not claim B's Interest.

25 December 2010 Sir if both enter into a mutual agreement between themselves that MrA would be taking the entire deduction of the loan interest. Can it be done?
Is there a way out?

26 December 2010 Mutual Agreements are not supposed to override the position as set forth in the law.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro

Follow us
add to google news


Answer Query



Company
Featured 18 July 2026
Senior Manager- Finance & Accounts

apricus india

Ahmedabad

CA

View Details
Company
ARTICLESHIP 14 July 2026
Article Assistants

R Shyam and Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

Sahil Agarwal & Company

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 07 July 2026
Articleship

Jawahar and Associates Chartered Accountants

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 11 July 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
16 July 2026
Manager - Finance & Accounts

Aliens Group

Hyderabad

CA Final

View Details
Company
20 July 2026
Senior GST Executive

Chandak Agarwal & Co

Mumbai

Graduate (Any)

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details