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Mahesh

Mahesh Padmanabhan  | Answer  |Ask -

Tax Expert - Answered on May 20, 2023

Mahesh Padmanabhan has specialised in payroll, personal and corporate taxation for more than two and a half decades, enabling him to provide practical, realistic and correct advice to his clients.
He is a member of The Institute of Chartered Accountants of India and has a degree in cost accounting from the Institute of Cost Accountants of India.
He is also a qualified information systems auditor. ... more
Thomas Question by Thomas on May 20, 2023Hindi
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Sir, On 14-June 1994, I acquired a flat (tenement) in my own name for Rs. 2,98L. In April 2015, I had to spend Rs. 4.15L on general renovation of this flat. Now, I plan to sell this tenement and wish to invest its sale proceeds within two years of the sale in buying a ready possession flat in another city. My queries are follows: 1. Can I invest the sale proceeds in buying two flats in the same society of the new city or do I have to necessarily invest in one property only? 2. Can I add the name of my spouse and my son also as co-owners in the new property(s) even if their financial contribution is nil? 3. Can I add the name of my spouse and my son also as co-owners in the new property(s) in case they also partially contribute financially in the purchase of the new flat(s)? 4. What is the present applicable Indexed Cost of the flat planned to be sold by me?

Ans: Hi Thomas
As the base year for Cost Inflation Index (CII) has been reset to 2001, you may need to get a valuation done through an approved valuer to identify the value as on April 1, 2001. If this value is higher than Rs. 2.98 Lakhs then you could use that as the cost.

As regards the general renovation amount spent, it may not be allowed to be added as cost of the property as generally tax officers are not dispensed to allow it.

W.R.T. your decision to reinvest in a ready possession flat within 2 years, please note that if this investment is extending beyond 6 months OR due date for filing your tax returns (whichever is earlier), you would need to open a Capital Gain Account Scheme (CGAS) account with a nationalized bank and park the capital gain amount in it for reinvestment.

Now answering your queries

Query 1 - If the capital gain amount does not exceed Rs. 2 Crores then you could reinvest in 2 residential units. This however is a one time option and cannot be used again in any other year.

Query 2 - Yes you could add their names but they would be treated as name-sake owners and for all purposes of taxation, you would be taxed singly.

Query 3 - You can add their name as proportionate owners to the value of their contribution. The taxation of income in that case would be based on their contribution

Query 4 - The answer to this would depend on the valuation report. Nevertheless, you could derive the indexed cost yourself by multiplying a factor of 3.48 to the cost. An example would be as follows:

Suppose the cost is Rs. 2.98 Lakhs
Indexed cost would be Rs. 2.98 Lakhs x 348 / 100 OR 2.98 Lakhs x 3.48 = Rs. 10.37 Lakhs
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Hardik

Hardik Parikh  | Answer  |Ask -

Tax, Mutual Fund Expert - Answered on Jul 23, 2023

Asked by Anonymous - Jul 20, 2023Hindi
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Hellow Sir, In February, 2023 I had sold a House Property and there is Capital Gain around 15.00 lakh. From the sale proceed I received, I have already bought a housing plot(land) costing Rs.11.00 Lakh, in May, 2023, in a Govt. approved scheme and this has also been registered in my favour. All other formalities for its mutation has also been completed. Since I am planning to construct house on this newly acquired Plot in next 2 years, kindly guide:- (1)whether the amount already incurred in acquiring above Housing Plot would also be considered against utilization of Capital Gain ? (2)the amount I have to kept in the Capital Gain Account Scheme for utilization during construction of House shall be Rs.15.00 Lakh OR Rs.4.00 Lakh (after deducting cost of Plot i.e. Rs.11.00 Lakh) ? Kindly Guide Regards !
Ans: Hello,

I understand your situation and I'm here to help. Based on the details you've provided and the current tax laws in India, here's what you need to know:

1) The amount you've spent on acquiring the housing plot can indeed be considered for the utilization of your capital gain. As per the Income Tax Act, if you reinvest the capital gains from the sale of a property in buying a new property or constructing a new house, you can claim tax exemption on the capital gains.

2) The amount you need to keep in the Capital Gain Account Scheme (CGAS) would be the remaining amount after deducting the cost of the plot from the capital gain. In your case, if you've already spent Rs. 11.00 Lakh on the plot, you would need to keep Rs. 4.00 Lakh (Rs. 15.00 Lakh - Rs. 11.00 Lakh) in the CGAS. This amount should be utilized for the construction of the house within the specified time period, which is 3 years from the date of sale of the original property.

..Read more

Ramalingam

Ramalingam Kalirajan  |10810 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Mar 06, 2025

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Hi sir/madam I wanna ask that i have already a capital gain account for rs 30 lac Whose 2 years going to complete in feb 2026 Now i have just 2 flat left- ist floor, 2nd floor with tarace Now 3 different- different person want to buy ist, 2nd and terace, means 3 registry will made, now approxy it will generate 10 lac per floor capital gain after indexation... Meqns total 30 lac So this 30 lac+ capital gain account 30 lac.. A total of 60 lac can i invest in 1 residentiql flat... Is it possible that i will invest in one flat against sale of 3 flat + capiral gain account amount... Thanks
Ans: Yes, you can invest the total Rs 60 lakh in a single residential flat to claim capital gains exemption under Section 54 of the Income Tax Act. However, there are a few conditions you must follow:

Key Conditions for Claiming Exemption
The new property must be a residential house. It should not be commercial or under construction beyond the allowed timeline.

The investment should be within the allowed time frame. You must buy the new flat within 2 years from the date of sale or construct it within 3 years.

You can use the amount from multiple sales. Even if you sell different floors of your property to different buyers, you can reinvest the total capital gain in one residential flat.

The capital gains account balance should be used within the allowed period. You must invest the Rs 30 lakh in the new house before February 2026. Otherwise, it will become taxable.

Important Considerations
If the new property costs less than Rs 60 lakh, the unused capital gain will be taxed.

The exemption applies only to long-term capital gains. If any portion of your gain is short-term, it will not qualify for exemption.

You must not sell the new property for at least 3 years. If you sell it before 3 years, the exemption will be reversed, and you must pay tax on the gains.

Final Insights
Yes, you can invest Rs 60 lakh in one flat and claim exemption under Section 54.

Ensure that you buy the new property within 2 years or construct it within 3 years.

Keep proper documentation for all transactions to avoid issues with the tax department.

If you need more clarity, consult a tax expert before making the final investment.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

..Read more

Latest Questions
Ramalingam

Ramalingam Kalirajan  |10810 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Nov 03, 2025

Asked by Anonymous - Nov 03, 2025Hindi
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Hello, I am 30 year old female and am currently suffering because of credit card and app based loans from last three months. The loans amount to 3lakh and my monthly salary is not sufficient. I have considered enrolling with lawyer panel for loan settlement as I am facing harassment from recovery people calling if I miss emi even for two days. Its causing me great distress. I dont want my parents to suffer and also my job. I earn more than 50k per month. Guide me kindly on whether i should enrol for settlement and if not how do I become debt free.
Ans: First, thank you for sharing this openly. It takes courage to talk about financial distress. You’re not alone — many good earners fall into debt traps because of high-interest credit cards and instant app-based loans. You can come out of this with structure and patience. I’ll guide you step by step.

» Understand your situation clearly

You owe around Rs. 3 lakh and earn about Rs. 50,000 per month. That means your debt is roughly six times your monthly income — manageable with proper planning, but it needs strict discipline. The main issue is not the amount, but the interest rate and harassment from unregulated lenders.

» Avoid informal “loan settlement panels” or unverified lawyer groups

It is risky to enroll in private settlement panels or so-called “lawyer panels” unless you’ve verified their legitimacy through a trusted source. Many such agencies:

Charge high upfront fees.

Promise settlement but fail to negotiate effectively.

May worsen your credit score or even lead to legal complications.

Instead, always deal directly with your bank/NBFC. If the app-based loan is from a registered NBFC, you can file a complaint with the RBI Ombudsman if harassment continues.

» Take these first actions immediately

1. Stop taking new loans.
Do not take any new app loan to pay another. This only deepens the trap.

2. Create a clear list of your debts.
Write down:

Lender name

Total due

Interest rate

EMI amount

Remaining tenure

Once it’s all on paper, clarity replaces panic.

3. Prioritise debts.
Pay highest-interest debts (credit cards or app loans) first. Keep making minimum payments on others to protect your credit score.

4. Negotiate directly with lenders.
Call your credit card customer care and ask for a one-time settlement or EMI conversion plan.

Most banks will convert dues into a lower-interest monthly plan if you explain hardship honestly.

Never ignore calls. Always request written communication.

Keep records of all calls and emails.

5. Deal with app-based recovery harassment properly.
If recovery agents threaten or harass:

Record the call.

Report it to the National Cyber Crime Portal or RBI Sachet portal.

Many instant loan apps are unregulated or even illegal — you can refuse unlawful demands and lodge a complaint.

» Build a repayment structure

Your take-home pay is Rs. 50,000. Let’s keep your plan practical.

• Basic expenses: Around Rs. 25,000–28,000 per month for living needs.
• Debt repayment: Start with Rs. 15,000–18,000 monthly.
• Emergency & family contribution: Rs. 3,000–5,000 for safety.

With Rs. 15,000–18,000 monthly repayment, you can close Rs. 3 lakh debt within 18–20 months if you secure reduced-interest restructuring.

You can:

Combine smaller loans into one personal loan at lower interest (from your salary bank) to simplify repayment.

Avoid co-signing or using family credit.

Once repaid, never borrow from credit cards or loan apps again — rebuild only with emergency funds.

» Manage your credit cards

If your debt is mainly on credit cards:

Request EMI conversion or balance transfer to a lower-interest card or bank loan.

Stop using the card until the balance is zero.

Ask the bank for temporary interest waiver if financial hardship is documented.

» Psychological and job safety

Debt stress affects sleep, health and job focus. Recovery agents try to shame people into paying faster — ignore emotional blackmail.

Block harassing numbers after noting details.

Tell them to contact you only through official email.

Never let them involve your office or parents. That’s illegal under RBI’s Fair Practices Code.

If harassment becomes severe, file a police complaint under IPC Section 506 (criminal intimidation) or approach a local Legal Services Authority (free legal aid) for guidance.

» Steps to rebuild after clearing debt

Once loans are closed, take written closure letters and update CIBIL.

Keep one credit card with very low limit and pay full amount monthly to rebuild score.

Start a small emergency fund — Rs. 1,000–2,000 monthly until you have at least 3 months of expenses.

Then slowly begin investing in safe mutual funds or recurring deposits — never in credit-like products.

» Finally

You don’t need any paid settlement service. You can recover on your own with patience and structured repayment.
Avoid app loans, avoid quick-fix “lawyer settlements”, and use official channels only.
You have income, youth, and awareness — that’s your biggest advantage. In one to two years, you can be fully debt-free and emotionally free too.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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