-the house is in the name of wife of the assesse
-the loan is in joint name of asessee and his wife.
-payment being made by the assessee.
Can wife & husband both claim deduction in this case. if yes what amount
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Housing loan deduction
Replies (4)
The deduction of Interest on Housing loan can be claimed only by the owner of the property. In this case his wife is the owner of the property and alone is she eligible to claim the deduction provided she pays the interest amount. It is very clear that, although her husband contributes paying the loan EMI, he is not elgible for claiming deduction.
Since the housing loan is taken jointly, i think both can claim deduction u/s 80.C.
I think any one of them can claim deduction. But not both together.
My understanding is that both are eligible for deduction. I think this is a case wherein the next borrower was added at a later stage to loan agreement. The distribution of EMI between borrowers is assumed to be equal or % basis and hence deduction is allowed for both. The deduction is given per the certificate provided by the lender (which in this case will have both names).
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