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Can I Use Capital Gains From Selling 3 Flats to Buy One Residential Flat and Save Tax?

T S Khurana

T S Khurana   |454 Answers  |Ask -

Tax Expert - Answered on Mar 06, 2025

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more
Raj Question by Raj on Mar 05, 2025Hindi
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Sir I am asking that father already opened capital gain account for rs 20 lac last year.... Now he has 3 flat left to sell, if he sell all three flat to 3 different person, means 3 registry will made.. In this 3 flat we will get approxy 10 lac capital gain in each flat.. Means 30 lac.. So can I buy 1 residential flat for 30lac( sold 3 flat) + 20 lac (will break capital gain account) total 50 lac.... Kya mai sare gain ko 1 flat purcahse mai laga sakta hun to save all tax

Ans: 01. The basic question is from which source amount of Rs.20.00 lakh has come, which was deposited in Capital Gain Account ?
02. Yes. You can sell multiple flats & purchase one residential house property. You would be eligible for exemption u/s 54.
Most welcome for any further clarifications. Thanks.
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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Ramalingam

Ramalingam Kalirajan  |8292 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

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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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