A Person purchased a House Property in the name of his wife (100% Share), but he became the Co-Borrower with his wife for taking Home Loan.

The wife has No Income in her hand, and the husband is paying full EMI from his own Account.

Now, the questions are-

1. In whose hand, Income/Rent received from that house property will be taxed?

2. Will this Income be clubbed in the hands of Husband?

3. Who will get the benefit/deduction of Interest u/s 24(b) of ₹2 Lakhs?

4. Whether Husband will be eligible for 50% Interest Deduction (since he is a Co-Borrower in that Home Loan)?

5. Can the wife claim Loss in her hand (with the Interest Deduction) and, subsequently husband will be clubbing that Loss in his hand?

Opinion;:

1. The entire rental income is taxable only in the hands of husband as the entire investment has been made by him.

2. Husband would only  get deduction for  the entire interest.

3. Wife cannot claim deduction for any portion of interest.

4. The entire rental income is to be offered in the hands of Husband under sec 22.

The deduction for interest is to be claimed under sec 24

5. The decision of Hon’ble SC in Poddar Cement’s case and decision of Hon’ble Calcutta HC in Ajit Kumar Roy’s case regarding beneficial holding may be of use.