22 May 2018
A is sole owner of a house in which she resides. She has another house in which she is joint owner with her husband (50% each). This house is not let out and is vacant, used occasionally by the family on week ends or so. How should A show the jointly owned house in her tax return -- as deemed let out with 50% share? Can the husband treat the house in which he is joint owner as 'self occupied' in his tax return? Or he also has to show it as deemed let out, in line with declaration in his wife's return?
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22 May 2018
Jointly owned house is deemed to be let out for A.
Husband cannot treat the jointly owned house as self occupied since husband and wife are supposed to stay together as per Indian condition, unless circumstances otherwise warrants so ,and taking commercial advantage out of marital relation ship may lead to tax litigation.