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
Hi, Mr. sethi.
I have asked same question to CA. They are saying that I cannot declare 90% share of property in wife name, since I would be fully paying the EMIs. As per them, share should be 50% each. They are also telling that rental earned from this property should be taken in joint account and tax liability will be divided on both of us i.e, my wife cannot earn 90% rental amount earned from this property.
Pl. suggest.
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.
Asked 8 years ago