Mujhe ek Lucknow development authority ki property jo 1988-89 me allot hui thi mere father se unke registered wasiyat ke adhar par mili,jiski kul keemat jama ho gai hai aur freehold hai, Unki death 2016 me ho gai, us property ki registry mere nam lda a abhi 2026 me huee hai -mai ise vikray karna chahto hu,kripya bataey ki yah long gain capital gain ke adheen hi mana jaega tatha iski amount se koi dusari property do varsh ke bheetar kray kar sakta hu ki nahi
Ans: Your case is quite clear and favourable from a tax point of view. I will explain in simple terms.
» Nature of Capital Gain – Long Term or Short Term
The property was originally allotted to your father in 1988–89
You received it through a registered Will after his death in 2016
As per tax rules:
When property is received through inheritance, the holding period of the previous owner (your father) is also considered
So:
Holding period starts from 1988–89, not from 2016 or 2026
Hence:
On sale, it will be treated as Long Term Capital Gain (LTCG)
» Cost of Acquisition – Important Point
You can take the original cost of your father
Also, you can use indexation benefit from the year of purchase
This will reduce your taxable capital gain significantly
» Tax on Sale
LTCG on property is taxed at 20% with indexation benefit
» Exemption Option – Buying Another Property
Yes, you can save tax by reinvesting
Under Section 54:
You can buy another residential property
Time limits:
Purchase within 2 years after sale OR
Construct within 3 years
Conditions:
New property must be in your name
Capital gain amount (not full sale amount) should be invested
» Alternative Option – Capital Gains Bonds
If you do not want to buy property:
You can invest in specified bonds within 6 months
This also gives tax exemption
» Practical Suggestion
Plan the sale and reinvestment carefully
Calculate indexed cost before deciding reinvestment amount
Keep documentation of inheritance and original allotment safe
» Finally
Your gain will be treated as Long Term Capital Gain
You are eligible for indexation benefit
You can buy another property within 2 years to save tax
Proper planning can reduce tax significantly
Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.linkedin.com/in/ramalingamcfp/