I have a property in my name. I took a home loan with my mother as co-borrower. While I pay all the EMIs, she pays the annual principal amount prepayments.
I want to claim tax benefits and I want to show the rental income in my mother's ITR. How can I do that?
I read that I can prepare a gift deed and add my mother as a co-owner. Can I then show rental income in her ITR and tax benefits in mine? Please enlighten!
Ans: You have raised a valid and practical query. Many families manage loans and incomes together like this. So let's understand what works, what doesn’t, and how to structure it properly.
Property Ownership vs Loan Co-Borrower
Your mother is a co-borrower, but not a co-owner in the property right now.
That means she is liable to repay loan, but not entitled to tax benefits.
Only owners can claim home loan benefits under Income Tax Act.
You are the sole legal owner, so full tax benefits belong to you.
Co-borrower tag only matters for bank repayment, not for income tax deduction.
If your mother is not an owner, she cannot show rental income either.
Ownership must be legally transferred to share tax liability and income.
Tax Benefits on Home Loan – Who Can Claim?
Only owners can claim Section 80C benefit for principal repayment.
Only owners can claim Section 24(b) for interest deduction.
Even if your mother repays some part, she cannot claim tax deduction.
Since you pay EMIs and are the owner, you can claim full deductions.
Prepayments by your mother do not give her any tax benefit unless she owns.
So if she pays prepayments, it is considered a contribution or gift to you.
This can be tax neutral as gift from mother to son is tax free.
But if she wants to claim rental income or loan tax benefit, she must become owner.
Gifting Property Share to Mother – Is it Allowed?
Yes, you can gift a portion of property to your mother.
It must be done using a registered gift deed on stamp paper.
Gift to mother is exempt from income tax under the law.
You can gift 50% or any suitable percentage as per your decision.
Once gifted and registered, your mother becomes legal co-owner.
This allows her to show rental income in her ITR proportionately.
Also, she can claim home loan benefit only if she pays from her account.
So she can now claim Section 80C principal benefit for her prepayments.
But interest deduction under Section 24(b) is only for EMI payers.
Since you pay EMI, you will continue to get full interest deduction.
Rental Income in Mother’s ITR – Can It Be Done?
If she becomes co-owner through gift deed, yes – rental income can be shown by her.
But only her share of ownership can be shown in her ITR.
If you gift her 50% of the property, she can show 50% rental income.
This can help if her tax slab is lower than yours.
Ensure rental is credited in joint account or split to reflect ownership.
Keep rent agreement and receipts well documented to avoid issues later.
If rent is deposited only in your account, it becomes hard to prove it’s her income.
Tax department can ask for proof during scrutiny.
Keep trail of ownership, gift deed, rent receipts, and tax filing copies.
Can You Still Claim Full Home Loan Tax Benefits?
Yes, you can claim 100% of interest deduction under Section 24(b).
You are paying full EMI, so interest portion is fully yours to claim.
Your mother can now claim principal deduction under Section 80C.
But only up to the amount she pays from her bank account.
Make sure she transfers prepayment directly to the loan account.
Maintain a written note stating that you both share the repayment as per agreement.
This becomes part of your documentation if asked during tax scrutiny.
Avoid cash payments or unclear transfers for loan prepayment.
Things to Take Care Legally and Practically
Execute a gift deed through a lawyer and register it at sub-registrar office.
Mention share of ownership clearly – 50%, 30%, 40% – as per your decision.
Inform the bank about ownership change to avoid issues during resale.
Get bank’s consent if property is mortgaged – some banks need NOC.
Update property card or mutation entry if required in your state records.
If EMI is fully yours, you continue to enjoy Section 24(b) benefit.
If mother pays yearly principal, she can claim Section 80C.
Rental income can now be split and shown in respective ITRs.
Keep gift deed, payment proofs, rent receipts and home loan statements safely.
Long-Term Impact on Family and Tax Planning
This setup can help reduce total family tax outgo.
Your mother may fall in lower slab or not be taxable at all.
So shifting rental income to her can save overall tax.
Also, she can start investing rental income in her own name.
This avoids clubbing of income and brings tax efficiency.
But ensure you do not misuse this – intent must be clear and documented.
Gift to parents is tax-free. But rental income becomes their taxable income.
Income tax department may ask for source trail if mismatches occur.
File both ITRs clearly reflecting ownership and income details.
Why Avoid Real Estate as Investment
Many think property is best for rental income. But it is illiquid.
Real estate has high entry and exit costs like stamp duty, brokerage, and taxes.
Rental yield is often low, 2%-3%, while mutual funds offer better post-tax returns.
Also, property maintenance, tenant issues, legal risks are often ignored.
So never rely fully on real estate for wealth creation.
Finally
Your plan of adding your mother as co-owner is good.
Gift deed is the right legal method. Register it properly.
She can then show rental income and claim principal tax benefit.
You can still enjoy full interest tax benefit.
Do everything with proper paperwork and clarity.
This way, both of you save tax and keep peace in the family.
Plan all steps with care. Reap full benefits with zero confusion later.
Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment
Question by Neeraj on Apr 20, 2023Hindi
