if an assessee ( Govt employee) taken a home loan from indiabulls and purchase a house in delhi,
can he take benefit of deduction of intt & principal payment ??
IF home registerd in name of his wife but installment paid by him from his salary account
Plz suggest
"IF home registerd in name of his wife but installment paid by him from his salary account"
For home loan benefits the assessee should be owner/co-owner of the HP
No. Concept of Beneficial or Deemed ownership not applicable here, because wife stays in the same house with him.......
As per the link provided ....... Deemed Ownership concept is defined as......
According to Section 27 of Income-tax Act the assessee in following cases is deemed to be the owner of the house property, though not owner of the house property
(i) An individual who transfers otherwise than for adequate consideration any house property to his or her spouse, not being a transfer in connection with an agreement to live apart or to a minor child not being a married daughter, shall be deemed to the owner of the house property so transferred.
(ii) The holder of an impartible estate shall be deemed to be the individual owner of all the properties comprised in the estate.
(iii) A member of a co-operative society to whom a building or part thereof is allotted or leased under a house building scheme of the society, shall be deemed to be the owner of that building or part thereof.
(iv) A person who is allowed to take or retain possession of any building or part thereof in part performance of contract of the nature refered to in section 53 A of the transfer of property Act, 1882.
(v) A person who acquires any rights (Excluding any rights by way of a lease from month to month or for a period not exceeding one year) in or with respect to any building or part thereof, by virtue of a transfer by way of lease for a term of not less than 12 years as per section 269 UA (f) (whether originally or by extension).
There are case-laws in favour of assessee who purchased land/property in name of his wife and capital gains exemption was allowed to him; but none in case of home-loan deductions.
2. Yes, in case of co-borrower along with co-owner, any single person can claim full benefits, provided he alone has been paying the EMIs; otherwise deduction will be as per ownership ratio.
CAclubindia
