Joint Home Loan Tax Benefit for Co-Borrowers in India

A joint home loan can roughly double your family's tax saving on a single house. Each co-owner who is also a co-borrower can separately claim up to Rs 2,00,000 of interest under Section 24(b) and up to Rs 1,50,000 of principal under Section 80C on a self-occupied home, but only under the OLD tax regime, and only if they meet two strict conditions. Here is exactly how the split works and the mistakes that quietly void the claim.

Old regime only. Section 24(b) interest (Rs 2 lakh cap on a self-occupied house) and Section 80C principal repayment are NOT available under the new tax regime, which is the default from FY2025-26. To claim these deductions you must opt for the old regime when you file.

The co-borrower split at a glance

Take a couple who buy a self-occupied flat, own it 50:50, and split the EMI 50:50. They pay Rs 5,00,000 interest and Rs 2,40,000 principal in the year. Here is how each person claims, assuming both are in the 30% slab.

Item Co-borrower A Co-borrower B
Ownership share 50% 50%
Loan / EMI share 50% 50%
Interest paid (their share) Rs 2,50,000 Rs 2,50,000
Interest claim under Section 24(b) Rs 2,00,000 (capped) Rs 2,00,000 (capped)
Principal paid (their share) Rs 1,20,000 Rs 1,20,000
Principal claim under Section 80C Rs 1,20,000 Rs 1,20,000
Total deduction claimed Rs 3,20,000 Rs 3,20,000
Approx tax saved at 30% slab Rs 99,840 Rs 99,840

Singly, one borrower would have been stuck at the Rs 2,00,000 interest cap and lost the rest. Split across two co-owners, the family deducts up to Rs 4,00,000 of interest and up to Rs 3,00,000 of principal on the very same loan. The 80C principal still sits inside each person's overall Rs 1,50,000 ceiling, so it competes with EPF, PPF, LIC and other 80C items.

The two conditions you must both pass

The benefit is not automatic just because two names are on the loan. To claim, a person must satisfy both of the following at the same time.

  1. You must be a CO-OWNER of the house. Your name must appear on the registered sale deed with a defined ownership share. A person who only signed the loan but is not on the title cannot claim anything.
  2. You must be a CO-BORROWER on the loan. Your name must be on the sanction letter and you must actually repay your share of the EMI from your own funds. Someone who is on the title but did not borrow cannot claim the loan deductions either.

Pass only one test and you get nothing. The deduction is then shared in proportion to ownership and to the EMI actually paid by each person, so keep both the ownership share and the repayment trail consistent. The governing law is the RTI Act, 2005 for information rights, but the tax rule here is Section 24(b), Section 80C and the house-property provisions of the Income-tax Act, 1961.

Common mistakes that void the claim

  • Co-owner but not co-borrower (or the reverse). A homemaker spouse added only to the title, or a parent added only to the loan, cannot claim. Both names must be on the deed AND the sanction letter.
  • One person pays the whole EMI. If the EMI leaves only one bank account, only that person can justify the deduction, even on paper you are 50:50. Each claimant should fund their own share, ideally from their own account.
  • Claiming more than your share. You cannot claim 100% of the interest if you own 50%. Splitting must follow ownership and contribution, not convenience.
  • Claiming under the new regime. Section 24(b) for a self-occupied house and 80C principal simply do not exist there. Filing under the default new regime silently kills the claim.
  • Selling within 5 years of possession. If you sell a property within 5 years from the end of the financial year in which you took possession, every Section 80C principal deduction already claimed is reversed and added back to your income in the year of sale.
  • Claiming principal before possession. Section 80C principal and Section 24(b) interest are allowed only after you take possession of a completed house, not during construction. Pre-construction interest is claimed separately in 5 equal instalments from the year of completion.
  • No documentary proof. Keep the registered sale deed, the loan sanction letter showing both borrowers, the lender's annual interest certificate, and the EMI bank statements. The certificate breaks up interest and principal; split it by your agreed share.

Worked example. Ramesh and Priya buy a self-occupied flat in Pune, registered 60:40 in Ramesh's favour, with a joint loan they repay 60:40. In FY2025-26 the lender's certificate shows Rs 6,00,000 interest and Rs 3,00,000 principal.

Ramesh's 60% share: interest Rs 3,60,000, capped at Rs 2,00,000 under Section 24(b); principal Rs 1,80,000, capped at Rs 1,50,000 under Section 80C. Priya's 40% share: interest Rs 2,40,000, capped at Rs 2,00,000; principal Rs 1,20,000, fully claimable as Rs 1,20,000 under 80C.

Both choose the OLD regime. Together they deduct Rs 4,00,000 interest and Rs 2,70,000 principal on one loan, far more than the Rs 2,00,000 + Rs 1,50,000 a single owner could ever claim. If either sells the flat before 5 years from possession, their 80C principal is added back to income.

Let-out or rented property: one key difference

For a let-out (rented) house, there is no Rs 2 lakh cap on the interest you may deduct against the rental income itself under Section 24(b). However, if the house property as a whole runs at a loss, Section 71(3A) of the Income-tax Act caps how much of that house-property loss you can set off against your salary or other income at Rs 2,00,000 per year per person. Any loss above that is carried forward for up to 8 assessment years to be set off against future house-property income. Each co-owner applies this Rs 2 lakh set-off limit to their own share. This too is an old-regime computation.

How to claim correctly

Confirm both names are on the registered sale deed and on the loan sanction letter, pay each person's EMI share from their own account, get the lender's annual interest certificate, split interest and principal by your agreed share, cap each person at Rs 2,00,000 interest and Rs 1,50,000 principal, and file under the old regime keeping documents for at least 6 years.

If a registrar or PSU lender refuses information you are entitled to, use the AI RTI Drafter to frame a clean request, the Timeline Tracker to watch the 30-day reply window, the PIO Reply Checker to test a vague reply, and the First Appeal Builder to escalate. For the full method, read The RTI Playbook.

Frequently asked questions

Can both husband and wife claim Rs 2 lakh each on the same home loan?

Yes, if both are co-owners on the sale deed AND co-borrowers on the loan, and both actually repay their share. Each can claim up to Rs 2,00,000 interest under Section 24(b) and up to Rs 1,50,000 principal under Section 80C, all under the old regime. Total interest deducted on one self-occupied house can reach Rs 4,00,000.

I am a co-borrower but my name is not on the property papers. Can I claim?

No. You must be a co-owner to claim either the Section 24(b) interest or the Section 80C principal deduction. Being only a co-borrower on the loan is not enough. Get added to the registered title to claim.

My spouse is on the sale deed but not on the loan. Can the spouse claim?

No. To claim the loan-linked deductions a person must be both a co-owner and a co-borrower who repays a share of the EMI. A co-owner who did not borrow cannot claim the interest or principal deduction on that loan.

Does the new tax regime allow these home loan deductions?

For a self-occupied house, no. The Section 24(b) interest deduction and the Section 80C principal deduction are not available under the new regime, which is the default from FY2025-26. You must opt for the old regime to claim them.

Can each co-owner claim the full Rs 1.5 lakh principal under 80C?

Each co-owner can claim their share of the principal up to Rs 1,50,000, but that limit is the person's overall 80C ceiling. It is shared with EPF, PPF, life insurance, ELSS, tuition fees and other 80C items, so the home loan principal may not use the full Rs 1.5 lakh on its own.

What about the extra deductions under 80EE or 80EEA?

Those special first-buyer interest deductions are closed to new loans. Section 80EE applied only to loans sanctioned between 1 April 2016 and 31 March 2017, and Section 80EEA only to affordable-housing loans sanctioned between 1 April 2019 and 31 March 2022. A loan sanctioned after those windows gets no benefit under them. Do not assume them for a fresh loan.

What if we sell the house within five years?

The Section 80C principal deductions you already claimed are reversed and added back to your income in the year of sale if you sell within 5 years from the end of the financial year of possession. The Section 24(b) interest already claimed is not reversed in the same way, but plan the sale timing carefully.

Sources

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