Deemed Let out Property

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When a property is jointly owned by a husband and wife, and one spouse treats it as Self-Occupied (SOP) in their tax return, the other spouse can also claim their individually owned second house as SOP. However, it's important to be aware that leveraging marital relationships for tax advantages in India can potentially lead to tax litigation.

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(Querist)
25 September 2020 House 1 is jointly own by husband and wife. 1 st name is of Husband. Husband treat it as SOP in his return . House 2 is own by Wife. Can Wife claim 2nd house as SOP.
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CA Raj Doshi

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CA Raj Doshi (Expert)
26 September 2020 Yes. It can be claimed.
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
26 September 2020 But as per Indian custom/conditions taking legal advantage out of 'marital relationship' invites tax litigation.
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