Income tax - housing loan

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Dear sir, I availed a housing loan from canara bank and constructed a house in my mothers property.I am paying the FULL EMI.(Me and my mother - co borrower in Loan) I am not the co-owner of the property. Now I am not able to claim the income tax. My question is 1) If I transfer the property to my name from my mother through settlement deed. Can I get the tax benefit? 2) I contacted a lawyer. he says that after transferring the property to my name. i have to mortgage the property again with the bank. but the property is already in mortgage with the bank. Can I avoid the remortgage because it will cost more money? Looking forward for your reply. Thanks, Sathish
Replies (4)

Prepare a Gift Deed. Your mother can gift 50% of the share to you. Inform the Bank though.

Thank you for the reply sir. I informed the bank already. The bank lawyer says I have to go for re mortgage.(bank will give it to my mother and she will give it to me and I will mortgage it to bank )

 Is this really required?  My mother is ready to transfer the whole property to me since I agreed to give my another plot to my brother.

Please suggest if i can avoid this re-mortgage process and how?  can we do gift deed or settlement deed registration when the deed is in mortgage?

 

Thank you,

Sathish

 

if there is a change in ownership - remortgage is a legal necessity. All legal owners should agree to mortgage.

You want to claim Housing  loan benefits in IT.  

There is no other option . Your mother should gift 50% of her share to you. You both become co-owners and mortagage .  Before she gifts the 50% she should take permission from bank bcoz the house is under mortgage.

 

Hi, if your mother had only land and you constructed house then apply to ao and make it a benami transaction, you can claim deduction and income from house property will be taxed in your hands or else in any other case there has to transfer deed.

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