Rohit3110 (GM) 27 April 2011

DV Case: Wife not paying EMI but claims IT housing rebate

I have two properties in Joint Names, Wife is co-borrower in both properties.

Wife has paid minor down-payments in both properties (1-2 lacs) at the time of booking from her salary account.

I have been paying EMI from my Salary account where wife is joint account holder.

Till date I have never placed an objection or demanded with HDFC that my wife is not paying emi and I am being forced to pay from my salary account. It was being done in good faith.

1^st property purchased in 2002. 2^nd property is purchased in 2006.

She has filed DV, I am contemplating to file couter-charges.

Divorce is not filed yet.

Both properties today are worth 1.25 crores.

My questions:-

If EMIs have been paid from my salary account (joint) will the law take the view that she has paid 50% of her contribution towards EMI as EMIs have been paid from Joint accounts ? Is she absolved of her responsibility of paying EMI?
How do I proceed to recover her contribution that I have paid.
What communication / letter should I now write to HDFC so that she starts paying her contribution in EMI.
Will my property go into dispute and liquidation if I file any case against her to recover the dues.
Can I proceed to remove her name from the ownership of the 2^nd property.
Can I file a Tax Evasion Petition for the illegal housing tax rebate that she has been claiming for last 10 years. How to do it ?

Reply Follow

4 Replies

Tajobsindia (Senior Partner ) 28 April 2011

@ Author

1. If you have taken the home loan in joint name, the tax benefit (for both principal repayment and interest paid) would be available to both of you if the house is also in joint name.

Illustration:
The tax benefit is available in the ratio of EMIs paid – thus, if person A pays 40% of the EMIs, and person B pays 60% of the EMIs, the tax benefit would also be available in the proportion of 40% & 60%.

2. BTW, did you knew of the disadvantageous position now you have fallen in!

Income tax act says that if a person has more than one house in his name, one of them is treated as self occupied, and another is treated as let-out – even if it is not actually let out on rent.

You would need to pay income tax on the rent received if this second house is actually rented out. But if it is not rented out, it is deemed as rented out, and you would have to pay income tax on an amount that you would have received as rent as per prevailing market rates.

That is, you pay tax on an income that you are not even earning!

Why is this relevant in this discussion? Because as you say you have your house in joint name with your spouse and with the purchase of another house, it is treated as your second house !

Had you bought your first house in a single name, the other house can be purchased in the name of your spouse – thus, both of you would have just one house, and won’t have to pay income tax on an income that you don’t even earn other than the DV allegations on head ! (Of course, if you actually rent out the second house, this becomes irrelevant)

Hence, when we Men’s Rights Activists say that Indian Men should die as a debit man we say it quite rightly………….

oh BTW, welcome to the DV club ..............

Rohit3110 (GM) 05 July 2011

Dear TajobsIndia

Thanks for your valuable views.

100% of the EMIs have been paid out from my salary account which is joint account. In this account she has never deposited any of her salary in the last 15 years.

Is she still entitled to claim rebate ?

Tajobsindia (Senior Partner ) 05 July 2011

@ Gurudev,

Correct position in Law I already stated in above message reply, since you raised second time same doubt it is high time you are now suggested to invest in paid professional service (means hire a Ld. Advocate and pay him his consultation fees) and seek the same opinion for your that peace of mind since this time it is paid for na :-)
Reasoning:
I have noticed free advise are never taken seriously by general public unless it ought to have been a paid legal advise service..........well now what you say to my this blunt rebuttal??

Rohit3110 (GM) 05 July 2011

Dear TajobsIndia

No probs friend. Its OK. I dont mind. In fact in addition to my DV lawyer, I have already contacted an Income Tax Expert Lawyer a few days back as I am now preparing grounds to file a TEP.

I was just trying to get a hang of the complexities involved before meeting my lawyer.

Apologies for my anxiety and ignorance.