Question And Answer
Subject: Sec 24 b
Category: 
Querist: Vikas
Answered by:
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Date: February 26, 2022
Query asked by Vikas

If property is in name of my wife who is sole owner, and loan is in my name ,the sole borrower. How could I take advantage of deduction under sec 24 b??

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If the house property is shown as the property of the Husband though the sale deed in the name of the wife , the assesse can claim the interest paid on the loan borrowed for acquisition of the House property .One has to verify who has paid other contribution such as initial payment to builder , stamp duty etc . If entire payment for acquisition of property was made by the husband and wife has not contributed any contribution the assesee is the real owner and the name of the wife was added for matter of convience . As per section 27(1) the assessee shall be deemed to be the owner of house property . Substance will prevail over the form . The income from the house property will be clubbed in the assessment of the husband In S.M.A. Siddique v CIT ( 1984 ) 184 ITR 307 ( Mad )(HC) the Court held that the borrowed amount was invested in the properties which are owned by wife/ minor children is deductible as the income from house property was included in the hands of the assessee u/s 64(1)(iv)) ,64(1)(v) of the Act. In CIT v. V. Natarajan (2006) 154 Taxman 399 / 203 CTR 37 / 287 ITR 271 (Mad.)(HC) The assessee sold his residential house at Bangalore and purchased another residential house at Chennai out of the sale consideration in the name of his wife. The assessee is entitled to exemption under section 54 on the house purchased in the name of his wife. If the wife makes a declaration stating that her name was added only for the purpose of convience and succession the entire investment was made by the husband the assessee may be able to get the deduction of interest paid for acquiring the house property .



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