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Issue ID: 116026
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HRA clarification

Date 16 Feb 2020
Replies 1 Reply
Views 1868 Views
Asked by
HRA entitlement when occupying a family-owned property depends on genuine tenancy and payment of reasonable rent.
Whether a co-applicant on a housing loan may claim HRA for a property titled in a parent's name depends on a genuine tenancy: if the mother is the real owner and has let the property to the co-applicant who pays reasonable rent on an arm's-length basis, the occupant may claim HRA. Co-applicant or EMI payments for family convenience do not by themselves alter ownership, but the tenancy and rent must not breach the loan or security documents and loan amendments may be needed to regularise payments. (AI Summary)

I am co coapplicant for a housing loan with my mother, but the property is on her name.

Can I claim HRA for the property as rented out to me.

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Replied on Feb 22, 2020
1.

If mother is real owner and she has let out property to you, you pay reasonable rent , you can claim rent suitably under different situations.

Becoming co-applicant / guarantor for loan and even paying EMI (fully or partly) is for family convenience and for obtaining loan for a house for family (including your mother and yourself).

However, check to ensure that there is no violation of loan agreement, in case of need amendment can be made with a view to enable payment of EMI regularly.

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