HRA deduction for jointly owned house

Assessee received HRA and owns house jointly with his brother. Both have equal share in the house.  They have constructed the house contributing equal amount. Whether assessee can pay 50% of his HRA  to his brother and claim exemption under Section 10(13A) of the Income Tax Act. Both brothers stay in the same house. Brother is a senior citizen and is neither working nor gets any other income.  Whether Section 10 (13A) Explanation (a) is attracted as it states that this exemption is not applicable if assessee owns the  accommodation and occupies the same.

Can any one throw a light on this point. If they are any case laws, please quote and advise.

Replies (2)

As per Sec. 10(13A), HRA exemption can not be availed only if the residential accommodation is owned by employee or employee has not paid any rent for residential accommodation used by him.

So, you can't claim the exemption.

As his brother is senior citizen and has no other income and if assessee is occuping the whole house

and pays rent to his brother then to that extent he can claim exemption u/s 10(13A). .

 

Sorry sir i haven't seen any case law for this.

 

But my opinion that if the assesse actually Pays Rent means he cannot be denied getting Exemption u/s 10(13A). .

 

 

V can argue that for using his brothers share in the house property he is giving rent. . If Geniune v can claim. .
 

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