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Can I Sell My Apartment for 199 Lacs After Having Purchased It for Rs.20 Lacs?

Janak

Janak Patel  |71 Answers  |Ask -

MF, PF Expert - Answered on Oct 18, 2024

Janak Patel is a certified financial planner accredited by the Financial Planning Standards Board, India.
He is the CEO and founder of InfiniumWealth, a firm that specialises in designing goal-specific financial plans tailored to help clients achieve their life goals.
Janak holds an MBA degree in finance from the Welingkar Institute of Management Development and Research, Mumbai, and has over 15 years of experience in the field of personal finance. ... more
Neeta Question by Neeta on Oct 15, 2024Hindi
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I bought an apartment in Delhi in the year 2002 for 5 lacs (own funds) Plus 15 lacs bank loan for 15 years at interest rate of 10%. Now want to sell it for199 lacs. Please advise on following 1. How to work out cost of acquisition considering interest paid on bank loan and expenses incurred from time to time to upkeep the flat around 5 lacs. I don't have bank interest certificate. 2. What will be capital gains tax calculation if I sell it now with both options old v/s new. Please advise. Raghav.

Ans: Hi Neeta / Raghav,

At the high level the below should help you.

1. Cost of acquisition can include the purchase price and the cost of improvement, so the upkeep expenses to maintain the property cannot be consider, but if you made any form of addition/alterations to the property then you can include it.
The interest paid on loan is eligible for tax benefits, it cannot be included in the cost of acquisition.

2. Old Rule - using the CII for calculations indicate Capital gains of Rs130 lacs, the capital gains tax (20% on difference after indexation) works out to be approximately Rs26 lacs. Note exact dates of purchase/sale will determine the CII values to be used, assumed FY2002-3 and FY2024-25 for now.
New Rule (2024 budget) - Capital gains = difference of sale and cost price i.e. Rs179 lacs, tax of 12.5% on it is approximately Rs22 lacs.

Note - you can add/reduce the cost/sale price with expense incurred in transacting the property e.g. brokerage.

Options to save tax on the Capital gains amount
1. Reinvest in another residential property within 1 year prior and 2 years after sale date or construct within 3 years after sale date.
2. Invest in NHAI bonds - has lock-in period and the interest earned is taxable.

Please contact a CFP or a Tax consultant for further guidance.

Regards
Janak Patel
Certified Financial Planner.
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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Mahesh

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Tax Expert - Answered on May 20, 2023

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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

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Tejas

Tejas Chokshi  | Answer  |Ask -

Tax Expert - Answered on May 29, 2023

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I have purchased a land of Rs. 2.5 Lacs in 2001 and start constructions on that in 2005 with 2 floors and also completed the constructions with in 5 months. Taken a loan from DHFL of Rs. 5 Lac and also repaid in next 2-3 years. Just two years back also extended one floor. Now there is 3 complete floor and one half floor is there. If today I sell this property (which is approx 80 sqyds plot size) in 70 lacs then how much capital gain tax (if applicable) I need to pay. Pl. also note that we don't so much documents for constructions related and total exp. is around 25-30 Lacs on that.
Ans: To calculate the capital gains tax on the sale of your property, we need to consider the acquisition cost, the cost of improvement, and the sale proceeds. Let's break down the calculations:

Acquisition Cost:
The acquisition cost is the amount you paid for the land in 2001, which is Rs. 2.5 lakhs.

Cost of Improvement:
The cost of improvement includes the expenses incurred for construction and any subsequent additions or extensions made to the property. In this case, it includes the construction of the initial two floors, the extension of one floor, and any other related expenses. You mentioned that the total expenses were around 25-30 lakhs. Let's assume the cost of improvement is Rs. 28 lakhs.

Indexed Cost of Acquisition and Improvement:
To adjust the acquisition cost and cost of improvement for inflation, we need to calculate the indexed cost. The indexed cost is calculated using the Cost Inflation Index (CII) provided by the Income Tax Department. The CII for the relevant years can be found on the Income Tax Department's website.

Let's assume the CII for the year 2001-2002 was 100 and for the current financial year, it is 317.

Indexed Cost of Acquisition = Acquisition Cost × (CII for the year of sale/CII for the year of acquisition)
Indexed Cost of Acquisition = Rs. 2.5 lakhs × (317/100) = Rs. 7,92,500

Indexed Cost of Improvement = Cost of Improvement × (CII for the year of sale/CII for the year of improvement)
Indexed Cost of Improvement = Rs. 28 lakhs × (317/100) = Rs. 88,76,000

Capital Gain:
To calculate the capital gain, deduct the indexed cost of acquisition and the indexed cost of improvement from the sale proceeds.
Capital Gain = Sale Proceeds - (Indexed Cost of Acquisition + Indexed Cost of Improvement)
Capital Gain = Rs. 70 lakhs - (Rs. 7,92,500 + Rs. 88,76,000)
Capital Gain = Rs. -26,68,500 (Assuming the indexed cost is higher than the sale proceeds)

Since the calculated capital gain is negative, it means there is no capital gain tax applicable in this case. This is because the sale proceeds are less than the indexed cost of acquisition and improvement.

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Mihir

Mihir Tanna  |1090 Answers  |Ask -

Tax Expert - Answered on Oct 11, 2025

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Respected Sir, I am a working person in a private office.In September,2022 I (primary applicant) along/joint with my mother(senior citizen,housewife,no income as such) took a 50L Home loan for purchasing a resale/old flat for Rs 69L.In addition to this ,in reality total cost/expense against the property is 96L approx which included standard repair,Mutation,Brokerage charge,flat registration/stamp charges, along with the total interest that I have been paying to bank till date. Now I would like to sale this flat.Do I need to pay long term capital gain tax for this property if I sell this property @103L and out of this amount ,I have to pay 49L to Bank(for Loan closure). Can you please help in elaborately explaining how much tax if any will I need to pay? Or my mother being a senior citizen(house wife,no major income) can showcase that. If the purchaser directly pays the loan amount of Rs 49L to my bank loan account for settling,will that way also save tax and the remaining sale amount is credited to my mother's account? Will be really helpful,if you help in providing in detail your valuable suggestion in order to save some tax here or any alternate way/option.
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Capital gain calculation will depend on contribution given by each of the owner at the time of acquisition of property. If mother doesn't have source of income or old savings, she will not be considered as owner of property. Also brokerage is not allowed as deduction.

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Ans: Your brother’s distance is not a rejection of you. It is his way of protecting himself. He went through a difficult marriage, an emotional collapse, and then watched people around him — including you — react out of desperation to fix things for him. Even though your intentions came from love, he may have associated those actions with more pain and pressure. When a person has been wounded, silence feels safer than conversation. His withdrawal simply means he is tired, not that he dislikes you.
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The conflict between your wife and your brother only added another layer of stress, because it forced you into choosing sides. Your wife reacted emotionally, your brother pulled away, your parents questioned the imbalance — and in the middle of all this, you lost your sense of peace. But their disagreements are not failures on your part. They are the natural result of people operating from insecurity, fear, and past hurt.
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And for yourself, healing begins when you stop believing that every problem in the family rests on your shoulders. You have given more than enough over the years. Now you deserve emotional rest. You deserve peace. You deserve to feel like a brother, not a crisis manager.
Your brother may take time, but distance does not erase love. When he feels safe, he will come closer again. Your responsibility is not to force that moment, but to make sure you are emotionally steady and ready when it happens.

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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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