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DEDUCTION OF INTEREST ON PERSONAL LOAN IN RESPECT OF RECONSTRUCTION OF HP

15 January 2019

I have taken a personal loan to reconstruct my fathers house currently in which i am also residing. I have read that we can get deduction of interest for personal loan taken for reconstruction of property. but my doubt is that the property is in fathers name but i am also with him. So can i claim deduction for this at IT filing???

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3 Replies

Jatin (Accountant) (3479 Points)
Replied 15 January 2019

No, you can't claim

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Sanjiv Rajpoot (3430 Points)
Replied 15 January 2019

you can not claim deduction because loan taken by father name your father can claim deduction in his return

Suresh Thiyagarajan (Student) (3986 Points)
Replied 13 September 2019

1. From a plain reading of sec 24(b), it is clear that only the "Income from house property" will be computed after deducting interest to the tune of Rs. 2 lakhs if the same is borrowed for the purpose of acquisition or construction of the house property.
2. From the above reading, it is clear that only those person whose income is chargeable to tax under the head IHP can claim this deductions and borrowings should have been for the purpose of construction or acquisition of the house property.
3. In your case, income from such property (even if not let out) will be chargeable to tax only in your father's name. Hence, the deduction will also be available only to your father income and not from your income.
4. Reading the section carefully it is clear that only the borrower can claim the deduction and it is important to establish a relationship between the borrower and lender for the purpose of claiming deduction u/s 24(b). So you being a borrower will not be eligible for claiming deductions in your fathers' income. And it should have actually been your father who should have obtained the loan in order to claim deductions u/s 24(b).
Please correct me if the above solution has an alternative view.