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Inherited Property Dispute: Taxes and Rights

T S Khurana

T S Khurana   |451 Answers  |Ask -

Tax Expert - Answered on Mar 13, 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
nageswararao Question by nageswararao on Mar 13, 2025Hindi
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My brother made a sale deed to a third party in 2005 and got 35 lakhs as he we executed a GPA joint property(other legal heirs share) in dispute after my fathers death and he also died in 2011.What capital gains tax is payable by whom and the property also not handed over nor the amount returned?

Ans: 01. Your brother sold a disputed Property & executed a Sale Deed in 2005 (assumed after March), against receipt of Rs.35.00 (L). This amount was taxable in the assessment year 2006-07, after working out Capital Gain (may be Long/Short term).
02. All those members, who received share from the amount of Rs.35.00 (L), should have filed their ITRs in A/Y 2006-07, declaring their Capital Gain, after paying due tax.
03. There is nothing to be done at present in the current financial/assessment year.
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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My husband and his brother jointly invested in a property 20 years back, for an amount of 8 lakhs (equal share between them). However the property was registered only on the brother's name. Now he intends to sell the property for 70 lakhs and share the sale proceeds with my husband equally. What would be the Long Term Capital Gain tax liability on both the brothers after the sale? Can he transfer my husband's share as 'Gift" within blood relation, being his own brother?
Ans: The Long-Term Capital Gain (LTCG) tax liability on the sale of the property will depend on various factors, including the purchase price, sale price, and holding period. Here's how it's calculated:

Determine Cost of Acquisition: The cost of acquisition for your husband's share would be his portion of the original investment, i.e., Rs. 4 lakhs.

Calculate Indexed Cost of Acquisition: Adjust the cost of acquisition for inflation using the Cost Inflation Index (CII) for the relevant financial years. This indexed cost will be used to calculate the LTCG.

Deduct Indexed Cost from Sale Price: Subtract the indexed cost of acquisition from the sale price to determine the LTCG.

Apply LTCG Tax Rate: As per current tax laws, LTCG on the sale of immovable property is taxed at 20% with indexation.

Compute Tax Liability: Calculate the tax payable on the LTCG at the applicable rate of 20%.

Transfer of Share as Gift:

Your husband's brother can transfer your husband's share of the sale proceeds as a gift within the blood relation. However, it's essential to consider the tax implications of such a transfer:

Gift Tax Liability: Gifts received from relatives are generally exempt from tax under the Income Tax Act. Therefore, your husband should not incur any gift tax liability on receiving his share of the sale proceeds from his brother.

Documentation: Ensure proper documentation for the gift transaction, including a gift deed or a written agreement, to establish the transfer of ownership legally.

Avoiding Tax Evasion: While gifting within blood relations is permissible, it's crucial to ensure compliance with tax laws and avoid any suspicion of tax evasion. Proper documentation and transparency are essential to demonstrate the legitimate nature of the transaction.

Consultation with Tax Advisor:

Given the complexity of tax implications and legal requirements, it's advisable to consult with a tax advisor or chartered accountant who can provide personalized guidance based on your specific circumstances and ensure compliance with tax laws.

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K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

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