Asset Declaration in ITR2 incase of joint ownership property with Mother...mother is a housewife

ITR 209 views 17 replies

I have purchased a flat of 80 lacs in my name and mother name.

My mother is housewife.

I have paid 20 lacs as advance from my bank account to seller and rest 60 lacs was through bank home loan.

In bank loan paper mother had signed as a co-applicant (as her name is there in property paper as Joint owner).

My mother has not contributed any money in purchase as she is a housewife.

I have deducted 1% tds from my PAN on 40 lacs and 1% tds from my mother PAN on 40 lacs on behalf of seller I.e. 40k each from my PAN and mother PAN (as mother name is there as joint owner)

In the property registry paper my mother name is their as a co-buyer but she has not paid any money.

Now, I am filing my ITR ( ITR2 as income is above 50 lacs) where I have to disclose my assets...so, I have to mention this flat there. So, should I mention its value as 80 lacs or should I just mention only 40 lacs [as my mother is also a joint owner as per registry paper and share is not mentioned in the sale deed)]. Please suggest.

Replies (17)

20 lakhs + loan share against loan liability,

Hi Dhirajlal ji,

I will be paying all the EMIs ....as mother is housewife....but mother has signed as co-applicant in 60 lacs loan paper as well...and she is a joint owner in property.....so, how much should I declare?

1) 20 lacs + 60 lacs I.e complete 80 lacs 

2) Or 20 lacs + 30 lacs I.e. 50 lacs

3) Or 40 lacs as mother is joint owner in property...so 50% of property value

 

 

Presently it will be 50 lakhs, with loan amount of 30 lakhs on liability side.

Hi Dhirajlal Ji,

My CA had declared 40 lacs in assets...with 30 lacs as liability in my ITR....will there be any problem in future with this declaration? CA was saying since property is in joint ownership that's why he did it like this.

Also, in "income from house property" section....he declared this property and mentioned my mother PAN there as joint owner and declared my ownership as 50%....and mentioned this property as self occupied property....is 50% ownership fine here as well?

No problem would arise, but at present state your contribution is 20 lakhs....

Second point is totally correct.

Hi Dhirajlal Ji,

OK... even next year, if I keep it 40 lacs under asset section for this property ...it will be correct .....right?

80 lacs is paid for this property ..... I paid 20 lacs from my account and 60 lacs paid through bank loan where mother has also signed as co-applicant eventhough mother is a housewife...and mother is joint owner in property

Originally posted by : Vicky Kumar
opening quote Hi Dhirajlal Ji,
OK... even next year, if I keep it 40 lacs under asset section for this property ...it will be correct .....right?
80 lacs is paid for this property ..... I paid 20 lacs from my account and 60 lacs paid through bank loan where mother has also signed as co-applicant eventhough mother is a housewife...and mother is joint owner in property
closing quote

Hi Dirajlal ji,

Please help with this.

Originally posted by : Dhirajlal Rambhia
opening quote No problem would arise, but at present state your contribution is 20 lakhs....
Second point is totally correct.
closing quote

Hi Dhirajlal Ji,

 

OK... even next year, if I keep it 40 lacs under asset section for this property ...it will be correct .....right?

 

80 lacs is paid for this property ..... I paid 20 lacs from my account and 60 lacs paid through bank loan where mother has also signed as co-applicant eventhough mother is a housewife...and mother is joint owner in property

 

 

Correct statement would be 80 lakhs against loan liability of 60 lakhs ( less the loan amount paid back, if any)

Originally posted by : Dhirajlal Rambhia
opening quote Correct statement would be 80 lakhs against loan liability of 60 lakhs ( less the loan amount paid back, if any) closing quote

Hi Dhirajlal ji,

1.      But will there be any problem in future as my CA has only declared 40 lacs in assets against a loan liability of 30 lacs?

My CA gave reason to me that since mother is a joint owner so she has equal right in property eventhough she has not contributed financially.

2.     Also, is it possible for me to change it now for FY 2023-24 ITR (I had already filed it in where it's declared as 40 lacs against a loan of 30 lacs).

Please help with point 1 and 2.

Thanks.

No need to change anything in the filed return, but the correct position will be as stated above.

Originally posted by : Vicky Kumar
opening quote


Originally posted by : Dhirajlal Rambhia



Correct statement would be 80 lakhs against loan liability of 60 lakhs ( less the loan amount paid back, if any)




Hi Dhirajlal ji,
1.      But will there be any problem in future as my CA has only declared 40 lacs in assets against a loan liability of 30 lacs?
My CA gave reason to me that since mother is a joint owner so she has equal right in property eventhough she has not contributed financially.
2.     Also, is it possible for me to change it now for FY 2023-24 ITR (I had already filed it in where it's declared as 40 lacs against a loan of 30 lacs).
Please help with point 1 and 2.
Thanks.
closing quote

Hi Dhirajlal Ji,

Pls help with point 1 as well.

  1. In case of any query, CA will explain his stand. Problem would not arise, as there is no intention of tax theft.
  2.  In future the problem would arise in accounting, as only Son would be paying EMIs.
Originally posted by : Dhirajlal Rambhia
opening quote
In case of any query, CA will explain his stand. Problem would not arise, as there is no intention of tax theft.
 In future the problem would arise in accounting, as only Son would be paying EMIs.
closing quote

Hi Dhirajlal Ji,

So, I should not make any change in asset declaration and let it be like this only........if any query will come then CA will easily reply for it and there will not be any kind problem for me due to this....right?


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