ITR
Joint home loan with my spouse
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Facts
Each co-borrower who is also a co-owner can claim their share of interest and principal. For a self-occupied house under the old regime, each can claim up to ₹2,00,000 interest and principal within their own ₹1,50,000 Sec 80C limit. The shares should match who actually pays.
Provisions and law
- Sec 24(b) (now Sec 22(1)(b))Deduction for interest on a home loan; ₹2,00,000 cap for self-occupied houses under the old regime
- Sec 80C (now Sec 123)Deduction up to ₹1,50,000 including home loan principal and stamp duty, under the old regime
- Sec 26, Income-tax Act 1961Co-owners with definite shares are each taxed on their own share of the property income
Analysis
If interest is ₹3,60,000 and you pay EMIs equally, each claims ₹1,80,000 under Sec 24(b), both within the limit. Each also claims their share of principal under Sec 80C (now Sec 123), within the old regime limit. A spouse who is a co-borrower but not a co-owner cannot claim. Pay EMIs from each person's account in the agreed ratio to support the claim.
Conclusion
- Check both names are on the deed and the loan.
- Pay EMIs in the ownership ratio.
- Split interest and principal in each return.
- Keep the bank's certificate.
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Return with rent from two or more properties and home loan interest, Sec 24(b)
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