Tax benefit on joint home loan but not joint owners

Dear Sir/Madam,

My father and I have taken a joint Home loan. My father owns the property. I am the co-borrower/co-applicant but not joint owner. The Bank deducts EMI ('Rs 80000' amount) from both accounts equally ('40000' each).

1) In the above scenario, can I claim tax benefit on principal and interest amount despite having not ownership?

2) If 1) is No, are there any legit and feasible solutions to claim tax benefit on interest/principal amount ? 

I am asking it because the current EMI amount is very huge and claiming tax benefits on principal and interest would result in substantial savings for me.

 

Thanks
Would be very grateful for your help.

Replies (4)
Quick Summary
This discussion explores whether a co-borrower on a joint home loan can claim tax benefits on the principal and interest if they are not a co-owner of the property. The initial suggestion is for the father, who is the sole owner, to partly sell the property to the co-borrower. A follow-up query asks if a gift deed could be a viable and easier alternative for transferring partial ownership, given the property documents are held by the bank. The advice given is that a gift deed is more suitable, with a crucial step being to obtain written permission from the bank for this partial gift.

Solution: let your father partly sell the property to you, so that you become co-owner...

Sir,

Thanks a lot for your response.

I am a novice and have very limited knowledge and experience regarding this issue.

In reference to the above response, I have a follow up query.

Is it possible for my father to partly sell the property to me because the property documents are with bank?

I have searched for various means for property transfer - sale deed, gift deed etc.

By using gift deed is it possible for my father to transfer part ownership to me considering the above scenario?

Is there any other solution apart from gift deed which is both legit and easy?

 

Thanks

 

Gift deed is more suitable in your case.

Get written permission from bank for the bank for the partial gift in your favor.

Errata::   Get written permission from bank for the partial gift in your favor.

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