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Hra

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(Querist)
25 April 2016 1. House rent agreement on name of the wife
2. payment done by husband through cheque payment
so husband want to take HRA credit so please give suggestion.
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Suresh Ramaswamy

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Suresh Ramaswamy (Expert)
25 April 2016 If the wife is the owner of the house, built from her own sources and it has not been gifted to her by the husband either directly or indirectly, then legally there is no bar in the wife letting out the house to the husband. However the rent paid should not exceed the market rate of rent for such premises.

It may sound absurd, since the husband and wife live together, but "My Lords, the law is an ass" - the action is perfectly within the four quarters of law and provisions of section 64 of the Income Tax Act 1961 cannot be applied.
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Rupesh Jain

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Rupesh Jain (Expert)
25 April 2016 HRA deduction can claimed by wife, if husband want to claim then rent agreement should b e in name of husband name.
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