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Smita_L01042008 (student)     30 May 2012

Loan between family members

A son is buying a property from his father by paying 10% amount. It is agreed between both that son will may a monthly some of Rs. XX till remaining price of property is paid to father. Father will not charge any interest to unpaid amount. Please advice: 1. Can this remaining amount be terms as "Home Loan" from father 2. Does he eligible to get any tax relief payment of monthly installment.


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C. P. CHUGH (Practicing Lawyer)     30 May 2012

Yes, deferred payment arrangement between the son and father could be termed as 'Home Loan' from father to son but  its repayment will not qualify for deduction under section 80-C of the Act. Relevant provision of that section contained in sub-clause (xviii) of sub-section 1 of section 80C of the Act are reproduced below for your help and confirmation. There are specified categories of Home Loan Providers, the repayment of which qualifies for deduction under the section

B.—Deductions in respect of certain payments

78[Deduction in respect of life insurance premia, deferred annuity, contributions to provident fund, subscripttion to certain equity shares or debentures, etc.

7980C. 80(1) In computing the total income of an assessee, being an individual or a Hindu undivided family, there shall be deducted, in accordance with and subject to the provisions of this section, the whole of the amount paid or deposited in the previous year, being the aggregate of the sums referred to in sub-section (2), as does not exceed one lakh rupees.

 

(xviii) for the purposes of purchase or construction of a residential house property the income from which is chargeable to tax under the head "Income from house property" (or which would, if it had not been used for the assessee's own residence, have been chargeable to tax under that head), where such payments are made towards or by way of—

(a)  any instalment or part payment of the amount due under any self-financing or other scheme of any development authority, housing board or other authority engaged in the construction and sale of house property on ownership basis; or

(b)  any instalment or part payment of the amount due to any company or co-operative society of which the assessee is a shareholder or member towards the cost of the house property allotted to him; or

(c)  repayment of the amount borrowed by the assessee from—

(1)  the Central Government or any State Government, or

(2)  any bank, including a co-operative bank, or

(3)  the Life Insurance Corporation, or

(4)  the National Housing Bank, or

(5) any public company formed and registered in India with the main object of carrying on the business of providing long-term finance for construction or purchase of houses in India for residential purposes which is eligible for deduction under clause (viii) of sub-section (1) of section 36, or

(6) any company in which the public are substantially interested or any co-operative society, where such company or co-operative society is engaged in the business of financing the construction of houses, or

(7)  the assessee's employer where such employer is an authority or a board or a corporation or any other body established or constituted under a Central or State Act, or

(8)  the assessee's employer where such employer is a public company or a public sector company or a university established by law or a college affiliated to such university or a local authority or a co-operative society; or

(d)  stamp duty, registration fee and other expenses for the purpose of transfer of such house property to the assessee,


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