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Kalpesh Patel (C.A)     07 March 2010

House Property

 

Dear Friends

An Assessee has taken a loan from the bank for the construction of house property for residential purpose.

But the house property is in the name of two persons.

then whether they both are eligible for deduction of interest of Rs. 150000/ or only one of them is eligible?

Please reply



 7 Replies

Chintan Shah

Chintan Shah (-)     07 March 2010

Dear Kalpesh,

If the house property is in joint name and the loan is also in joint name than the Income from HP will be computed as if there are two houses and both the joint owners will get deduction upto Rs. 150000/- since the limit of deduction is in respect of the assessee and not house property.

Regards,

Chintan

1 Like
Gita Iyer

Gita Iyer (Specialist)     08 March 2010

both of them are eligible for deduction upto Rs. 150,000 each!!!

C.Balaji

C.Balaji (Learner)     08 March 2010

Dear Kalpesh............

Agree with Chintan Shah.............

House property jointly owned by Hus and Wife and the  loan also in joint name then both the owners will get deduction upto Rs. 150000/-.........(Self Occupied)

 Bala

Bala (Student)     08 March 2010

I too agree with Mr. Chinthan shah

Rajat Singhal CA,CS,CFA

Rajat Singhal CA,CS,CFA (Senior Manager (F&A))     09 March 2010

Dear Kalpesh,

Bombay High court in the case of P.R.Thakkar :-

held that  a reading of sections 20 to 26 of the said Act made it clear that, where a house property was owned by co-owners who had definite and ascertainable shares, the gross income from such property was first to be ascertained on the basis of the provisions of section 23 of the said Act. From such gross income, the deductions under section 24 had to be made. This gave the net income from the total property as available to the co-owners. The net income was then to be allocated to each of the co-owners in the proportion of their respective shares. After this was done, each of the co-owners was entitled to the deductions under section 24. Each was entitled to the deduction of interest on the amount of money that he might have borrowed for the construction or acquisition of his share in the house property.

So, Co-owners are entitled to a deduction of up to a maximum of Rs 1.5 lakh each on account of interest paid on the home loan. However, if the house is given on rent, then there is no limit on the amount of deduction on account of interest paid on the borrowed capital.

Can both co-owners claim IT benefits separately?

Yes. Co-owners can claim IT benefits separately, as per the share holding in the property (such as 1:1 or 3:2). If share holding is not mentioned in the purchase deed, they can execute an agreement on requisite stamp paper mentioning the share in the property and claim the benefits separately. Both can claim deduction up to Rs.1.5 lakh a year separately, towards interest paid (for self-occupied house and entire interest paid on rented out house, after computing rental income received) and also up to Rs.1 lakh towards principal loan repaid.

Regards

Rajat

CA. Kishore Choudhary

CA. Kishore Choudhary (Chartered Accountant)     19 March 2010

i agree with rajat

kanika

kanika (ipcc student)     19 March 2010

interest is allowable Rs.150000 to both the person.

interest is allowable to each person { if property is self occupied}is  rs 150000  on a single property...


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