100% housing loan claim by co applicant who is paying full EMI for joint loans

We have taken joint housing loan for the property jointly held by myself and my wife. I am paying entire EMI out of my taxable Income and my wife is not paying anything towards monthly EMI payment.

My question is : Can i claim 100% of housing loan interest because my wife is not paying anything for monthly EMI payment.

 

 

Replies (2)
Quick Summary
If you're paying the entire EMI for a jointly owned property and a joint home loan, you might be able to claim 100% of the housing loan interest. While typically deductions are proportional to property share, case law suggests that if one person funds the entire loan, full deduction may be permissible. It's advisable to check relevant jurisdictional verdicts for your specific situation.

It is allowable to the extent of % of your share in the property

I would like to add to the above reply that, since in the above case the entire funding for the property is borne by you and your wife is not paying anything, there can be an argument that you can claim the entire 100%. There are case laws wherein it is held that merely because the property is held jointly although the payment/funding is done by one joint-holder, full proportion of deduction can be taken.

Kindly check the relevant jurisdictional verdicts on similar facts as applicable to you.

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