• Share declaration in property and rent distribution

I and my wife are domicile and resident of Noida, Uttar pradesh. Now we are planning to buy a second home in Goa for rental purpose. I am borrower and my wife is co-borrower for Home loan purpose. she is also housewife and i will be paying full EMIs. Pl. clarify:

1. Since the home loan would be repaid completely by me, is it possible that I can declare my wife 90% share holder and myself 10% share holder of property in sale deed.

2. If answer for 1 above is "Yes", than home loan interest benefits would pass to whom.

3. The rent from this property will be coming in my wife account. What will be tax implication on income.Would the income from this property will be added to my income or it would be totally to account of my wife.
 
4. Pl. suggests method for minimum income tax implication on me for :
i) Property share declaration in sale deed
ii)Method to collect income from this property (method by which i can give full rent from this property to my wife without any tax implication on me).
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

you can claim income tax exemption if you are a co applicant in a housing loan as long as you are also the owner or co owner of the property in question. If you are only person repaying the loan, you can claim the entire tax benefit for yourself

2) Home loan borrowers are entitled to tax benefits under Section 80C and Section 24 of the Income Tax Act.

3) the sale deed can mention that your wife has 90 per cent share in property and you 10 per cent

4) When the house property owned by co-owners is let out, income from such a property shall be computed as if the property is owned by one owner and thereafter the income so computed shall be divided among the co-owners as per their share.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

f the property is jointly owned then the rental income has to be disclosed in the tax return as per the share of ownership in the property.if your wife has 90 per cent share in the property she would be entitled to 90 per cent of rental income

2) better go in for 50 per share as advised by your CA

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Yes you can draft the registered sale deed as per your desire.

2. The tax benefits will go to the person who is repaying the loan and the loan interest.

3. If you show that income in your income tax return then you will be having the liability of income tax, and vice versa

4. Property share distribution will not decide about the income tax, it will be the repayment of loan and the loan interest paid by who will decide the tax implication.

She can collect the entire rental income on her name, it will not impact your income.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If you even suggest that I can declare my wife with 90% share in property, than please provide format language for share distribution of property to be added in sale deed.

You can approach a document writer who will draft the sale deed as per your desire and description.

There is no legal infirmity in buying the joint property in the said proportion.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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