Interest on housing loan deduction in income tax act 1961

Hi,

It is case of Deduction of Interest on Loan on House Property under the Income Tax Act 1961. 

Mr. A, Mrs. A and Mr. B (Brother of Mr A)  are the three persons who are involved in this case. These are all Individuals.

1. Mrs A purchased the house property of INR 40 Lacs

2. There is no income source of Mrs A. So Mr A and Mrs A both went to Financial Institution (FI) to take loan on the said property.

3. Mrs. A (Applicant) and Mr A (as a Coowner) has been granted a loan of INR 30 Lacs from Financial institution

4. Mrs A gifts the property to Mr A and Mr B equally

5. As per mutual consent at the time of purchase of property, it has been decided that, Mr A and Mr B will bear the loan in the ratio of 1:1. The installment of the Loan is 30 K per month. But as the loan is not in the name of Mr B, Mr B deposits half of the installment i.e. Rs 15 K per month to BAnk account of Mr A. and Mr A  pays loan installment of INR 30 K per month from his bank account to Financial Institution from where the loan has been taken

6. Mr B, Mr A and Mrs A do not have any house property in their name other than the said propoerty in question

 

Question:

Can Mr B claim interest on Housing Loan  deduction u /s 24 (b) of income tax act 1961? If yes how much?.

Question 2:

How much is the Interest on Loan deduction will be applicable to Mr. A and how to present in the ITR. if Mr B also claims 50% of the Interest on Loan Deduction on Total Loan of 30 Lacs.

 

Replies (3)

Question 1 : Mr. B cant claim deduction because A co-owner, who is not a co-borrower, is not entitled to tax benefits.

He needs to borrow too

MR B has borrowed from Mr A.  

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