Housing loan interest paid on co-owned house property

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6) Dear Sirs , 

Suppose a House Property is Co-owned (50%-50%) by husband & wife

and such  House Property is ‘Let-out’ , i.e., given on rent.

And if the ‘INTEREST’ on Housing Loan –Rs.3,60,000 is paid entirlely (100%) by husband, during the current year , then should the Housing Loan Interest u/section 24  be

A) claimed by Husband fully as 3,60,000  

or

B) claimed by Husband as Rs.1,80,000 and Wife as Rs.1,80,000

Kindly reply at the earliest

Thank you

Replies (9)
it will be claimed by husband fully as 360000

It can be fully claimed by husband.

@ rukmani.... no that is not possible according to law, max of 1.5lakhs will be allowed as deduction only to husband.

According to me, when the interest is being paid by the one co-owner, it is presumable that the same is being paid by him for his share of loan taken.

How can other other co-owner get benefit of 50% in interest amount ?

Different assesses, both having own share in the property.

According to me, the co-owner paying the interest shall get the deduction, in this case, Rs. 360,000 to the husband.(Subject to limit of Rs. 150,000 in case of self occupied)

Firstly since the house is let out, the limit of 1.5 lakhs is not applicabke here. Secondly if the share of co owners is specified while taking the hsg.loan then both the co owners can take the benefit u/s 24 separately, in the proportion confirmed by them.

Let us divide the problem into two parts

1. Firstly the Property is a let out property- There is no limit on the Interest amount that can be claimed.

Had the property been owned by a single owner, he could have easily claimed Rs. 360000/- as interest.

2.However in the given case, since the property is co owned , husband and wife will claim interest in the proportion to their co-ownership in the property Ie. 180000/- each by both husband and wife.

deduction under 24b is allowed to co-owners in the ratio of their payment and not in ratio of their ownership..... yes the property is let-out and it was answered accordingly but later @ rukmani asked query supposing the property to be self occupied and the later reply was for her query.

I woukd like to differ from your answer.

In case the Property is Self occupied both husband and wife shall be allowed a deduction of Rs. 1.5 Lacs each.

If it is SOP, any one claim 1.50 lacs and not each.Deduction for ceiling limit to property only and not the assessees

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