Deduction for housing loan interest

This query is : Resolved

Patel Ishan Mahendrakumar (Querist)
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18 February 2015 Hi. I have a client who has taken the home loan in the joint name (Husband & Wife). But EMI is paid by only one Co-Owner (Husband). Can he claim deduction alone who is paying EMI instead of dividing the deduction the ratio of propetry ownership?

Is there any case law in support of the same?

GULRAJ AILANI

GULRAJ AILANI (Expert)
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18 February 2015 Dear Sir,
I had also been searching case law on this topic but unable to find. But from various articles on Google I had come to conclusion that
1. If the House property is Jointly owned, loan is in joint name and Emi is paid jointly then amount of deduction u/s 80C and 24b will be in the ratio of ownership of property.
1. If the House property is Jointly owned, loan is in joint name and Emi is paid only by one person then amount of deduction u/s 80C and 24b will be available to that person and not other person