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New Property Purchase Before Selling Old: Tax Implications for Ramesh?

Milind

Milind Vadjikar  | Answer  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Sep 07, 2024

Milind Vadjikar is an independent MF distributor registered with Association of Mutual Funds in India (AMFI) and a retirement financial planning advisor registered with Pension Fund Regulatory and Development Authority (PFRDA).
He has a mechanical engineering degree from Government Engineering College, Sambhajinagar, and an MBA in international business from the Symbiosis Institute of Business Management, Pune.
With over 16 years of experience in stock investments, and over six year experience in investment guidance and support, he believes that balanced asset allocation and goal-focused disciplined investing is the key to achieving investor goals.... more
Ramesh Question by Ramesh on Feb 06, 2024Hindi
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Hi Sir, I am buying and making full payment for a New Residential Property in Feb 2024 Costing Rs.1.5 Cr. Also, I will be selling one of my old properties for Rs.1.1 Cr. in March or April 2024. This was purchased in 2009 for Rs.36 Lakhs, Capital gains is of Rs.38 Lakhs after indexation. PS. I own 4 Residential Properties as on date. My query is, if I make the payments for my new property from my Savings, prior to selling and receiving the payment of my old property, what is the Tax implications for the Capital gains. Secondly, I have also sold my Mutual Fund with long term capital gains of 12 Lakhs, can I claim tax exemption if I invest in the new Property. Looking forward to your valuable advise. Thanks Ramesh

Ans: You will have to pay LTCG on old property sale @ 20% with indexation which would ~7.6L

Sec 54F benefits are applicable for second property. Since you already have 4 properties in your name I believe you won't be eligible to claim benefit from LTCG accruing out of MF sale transferred to acquire RE property, however suggest you seek alternate opinion from CA.
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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Mihir

Mihir Tanna  |1069 Answers  |Ask -

Tax Expert - Answered on Sep 29, 2022

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Dear Mr Mihir, I would like to know the following points: I bought a flat in Thane - 400603 @ rs.one lakh in Dec.'1983 & would like to sell now this year 2022 @ rs.64 lakhs. Pl. let me know the amount of Property Gain Tax (Long Term) which I have to pay now considering 'Ready Reckoner Rate' at Thane - 400603 area or how to calculate the same to get taxable amount? Also can I (as Sr. Ctzn.) get a tax exemption as I already bought (in joint ownership where my wife is 1st owner) another flat @ rs.75 lakh in Thane in Nov '2020? May I invest taxable amount (if any) in Govt. Bonds like NHAI / REC / PFC to get tax exemption & what interest I will get for how many yrs. or else if it will be better to invest my selling amount in good Flexi Cap Mutual Funds for 5 years after paying entire taxable amount to recover the same? Will appreciate your prompt feedback in detail.
Ans: Capital gain on sale consideration will be reduced by Indexed cost of acquisition and allowable expenses incurred on transfer. You have to calculate indexed cost of acquisition by applying Cost Inflation Index as per prescribed formula on cost of acquisition.

For cost of acquisition, you may take actual cost or fair market value of the asset, as on 01.04.2001.

In case of land and building, fair market value on 01.04.2001 cannot exceed stamp duty value as on 01.04.2001.

Exemption is available if amount of capital gain is invested by purchasing a new residential house within one year before or within 2 years after the date of transfer of the residential house.

As you have already got possession of new property in November 2020, you will not be eligible for exemption.

Decision of investment in specified bonds or acquiring tax mutual funds can be taken after considering several factors like risk appetite, amount of tax liability on capital gain, availability of surplus fund etc.

..Read more

Tejas

Tejas Chokshi  | Answer  |Ask -

Tax Expert - Answered on Aug 07, 2023

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Sir, during this month (August2023) I sold my flat which was purchased by me in 2010. The total sale consideration as per govt guidelines was Rs 5973000/ and was registered at that amount, accordingly TDS at 1% on it was deducted at Rs 59730 and was credited to the govt account. My query is , TDS on sale of property at 1% is applicable in case the amount of sale exceeds Rs 50.00 lakhs . Whether the TDS is applicable on full sale consideration or on the difference amount ie, (5973000-500000)Rs 973000. 2. I had purchased the flat in April 2010 and the purchase price was Rs 3150000/ including Stamp duty, Registration charges and small amount towards interior work. I request you to advise me the applicability of Capital Gain Tax on it. Now I do not want to invest in any new property or in Capital gain bonds, I want to pay the applicable tax and close the transaction. Please advise me about the applicable Tax and close the formalities applicable in this regard. Siddramappa Kudarimoti.
Ans: The TDS (Tax Deducted at Source) of 1% on the sale of property exceeding Rs 50 lakhs is applicable on the full sale consideration. In your case, since the total sale consideration was Rs 5,973,000, the TDS of Rs 59,730 was deducted as per the guidelines. Based on the information you've provided, you might be liable for Capital Gains Tax. Capital Gains Tax is calculated based on the difference between the selling price and the indexed purchase price. The indexed purchase price adjusts the original purchase price for inflation over the holding period.
The tax on long-term capital gains is usually 20% (plus applicable surcharge and cess) after considering any exemptions or deductions available under Section 54 or Section 54F if you are not investing in another property or capital gains bonds.

To close the transaction and fulfill your tax obligations, you should consider the following steps:

a. Calculate Capital Gains: As explained above, calculate the capital gains based on the indexed purchase price and selling price.

b. Pay Capital Gains Tax: If you decide not to invest in another property or capital gains bonds, you will need to pay the applicable capital gains tax. You can do this by filling out the appropriate sections in your income tax return and paying the tax amount.

c. File Income Tax Return: Ensure that you accurately report the capital gains in your income tax return for the assessment year.

d. Keep Documentation: Maintain all relevant documents related to the property sale, purchase, and tax calculations for future reference

..Read more

T S Khurana

T S Khurana   |500 Answers  |Ask -

Tax Expert - Answered on Nov 23, 2024

Asked by Anonymous - May 11, 2024Hindi
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Can you please suggest on capital gains as per Indian taxation laws arising in the below two queries : 1) property purchased with joint ownership, me and my wife’s name in 2015 at a cost of 64,80,000, housing improvements done for the cost of 1000000 and brokerages of 200000 paid and sold the same property at 10000000 in Dec 2023? 2) 87% of the proceeds got from the deal i.e 8700000, have been reinvested to pay 25% amount in purchasing another joint ownership property in Dec 2023, 3) I have invested in another under construction property in Nov 2023 by taking housing loan, which is on me and my wife’s name worth 1.4 cr, here the primary applicant is me only while wife is just made a Co applicant in the builder buyer agreement and also on the housing loan . So what are the LTCG tax liabilities arising from the above 3 scenarios for FY 2023-2024 and FY 2024-2025. I intend to sale off the property acquired in (2) by Dec 2024 and use that proceeds to close the housing loan for the property acquired in (3), will this sale of property be inviting any tax liabilities if the complete proceeds received from the sale of the property in (2) would be utilised to close the housing loan taken in Nov 2023 for the property in (3) ? Since in FY 23-24, I would be claiming the LTCG from the sale proceeds of 1) invested in the purchase of property in 2), and I intend to sale off this property in Dec 2024, will the LTCG claim be forfeited on the property sale in (1), should I hold this property at least for further 1 year so that sale of this property in 2) will not invite STCG?
Ans: (A). Let's first talk about F/Y 2023-24 :
You jointly sold a Property during the year for Rs.76.80 lakhs (64.80+10.00+2.00), & sold the same for Rs.100.00 lakhs.
You have jointly also purchased Property No.3 (I suppose it is Residential only), for Rs.140.00 lakhs.
You should avail exemption u/s-54 & file your ITR accordingly. Please disclose all details about sale & purchase in your ITR.
02. Now coming to the F/Y 2024-25 :
You intend to Sell Property No.2, which was acquired in 2023-24. Any Gain on Sale of it would be Short Term capital Gains & taxed accordingly.
Alternatively, you may hold this sale of property no.2 (for 2 years from its purchase) & avoid STCG
You are free to utilize the sale proceeds in a way you like, including paying off your housing Loan.
Please note to avail exemption u/s 54 only from investment in property no.3 & not 2.
Most welcome for any further clarifications. Thanks.

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Radheshyam

Radheshyam Zanwar  |5991 Answers  |Ask -

MHT-CET, IIT-JEE, NEET-UG Expert - Answered on Jul 30, 2025

Asked by Anonymous - Jul 30, 2025Hindi
Career
Hloo Sir, I have scored 78.45 percentile, crl: 320k+ in JEE Mains, category: general. I am a dropper. I scored 65 percentage in class 12, given improvement this year but the results not went well. Sir, I want to ask that The best college and branch I could get ? I am too late to ask this, sorry for that, a lot of my time passed away due to some genuine reasons. Does it will create any problem now to take admission? I was also thinking of New Age Colleges (school of technology) such Newton, Scaler, etc. The private colleges which I would get I don't think they might be good except a few but as it is late so taking admission might be difficult there also. Sir, please suggest which is the best college I could get acc to my score. Should I go for new age colleges, are they really good/worth it as the fees is also higher side. I will be required to take loan for further studies, so if the college is decent, taking loan will be easy. "I was thinking of a decent college where overall growth can take place and not only academic growth." I have also appeared for MHTCET and UPTAC Counselling. Rank alloted to me in MHTCET Counselling is 25245 Thank You Sir
Ans: Hello dear
Your best options are in state-level colleges through MHTCET (such as some mid-tier government or private colleges in Maharashtra) or UPTAC counseling (like AKTU-affiliated colleges), such as Newton, Scalar, etc.

(1) Focus on admission through MHTCET: Aim for PCCOE Pune, VIT Pune, or JSPM, especially in core branches like IT, ECE, or even CSE in lower-round counseling.

(2) Avoid expensive, low-recognition colleges as you mentioned.

(3) Skip JEE-based options: Your JEE rank is too high for NITs or top private colleges like VIT, SRM, etc., and your 12th-grade marks might limit your chances in places with minimum cutoff requirements.

(4) You can still take admission now! Many counseling rounds are still ongoing, so don’t delay further.

Good luck.
Follow me if you receive this reply..
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Dr Nagarajan J S K

Dr Nagarajan J S K   |2095 Answers  |Ask -

NEET, Medical, Pharmacy Careers - Answered on Jul 30, 2025

Ramalingam

Ramalingam Kalirajan  |10014 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 30, 2025

Asked by Anonymous - Jul 25, 2025Hindi
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Sir, I've choosen NIET Greater Noida for BTech CSE, total college fees is coming 11.5 lakhs, we have paid 50k, thinking to get 7.5 lakh as loan from bank, we don't have collateral, earlier we thought that we'll take rest amount from Bihar Student Credit but bank is saying that u can get loan from only one place but drcc is saying that they'll get even after having a loan from bank. I'm short of 3.5 lakhs. My boards percentage is 73.8%.Help me sir to get ideas of how to get the rest amount for my college fees
Ans: – Choosing BTech CSE at NIET is a positive step.
– Good that you're planning your funding early.

? Understanding Your Current Funding Gap
– Total fees: Rs. 11.5 lakh.
– Already paid: Rs. 50,000.
– Planning bank loan: Rs. 7.5 lakh (no collateral).
– Still short: Rs. 3.5 lakh.

? Bank Loan and Bihar Student Credit Card Confusion
– Banks typically allow one loan per student for education.
– However, Bihar Student Credit Card scheme allows funding even if partial loan is taken.
– Visit your district DRCC office in person and explain full loan structure.
– Get a written clarification from them.

? Strategies to Arrange Rs. 3.5 Lakh Gap
– Try increasing the bank loan to maximum allowed under unsecured category (up to Rs. 7.5–10 lakh).
– If DRCC agrees to fund the remaining, you can split the loan.
– Explore NIET’s own installment payment plans. Many colleges have semester-wise fee breakup.
– Request fee extension from the college for the shortfall.
– Approach family, friends, or alumni network for a small temporary interest-free loan.

? Explore Private Education Finance Options
– NBFCs like HDFC Credila, Avanse, or InCred may help with flexible funding.
– They offer loans without collateral up to Rs. 10–15 lakh, depending on course and college.

? Improve Chances of Loan Approval
– Show strong academic intent and purpose to lenders.
– Prepare a course plan, placement record of NIET, and your career goals.

? Finally
– Don’t worry too much. There are multiple small ways to bridge this Rs. 3.5 lakh gap.
– Be proactive with DRCC and college. Keep pushing through.
– You’ve already taken the right steps by planning ahead. Stay focused.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

Ramalingam

Ramalingam Kalirajan  |10014 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 30, 2025

Asked by Anonymous - Jul 23, 2025Hindi
Money
I am 59 years now.Next year i am retiring.currently i am having Rs 9 cr equity,RS 80 LAKS MF,Rs 50 laks FD and Rs 85 laks PF and having 2 house owned.I am expecting Rs 2 laks for my monthly income after retirement.I am having 1 daughter she is 22 years and studying
Ans: At age 59, with retirement just a year away, your planning so far shows strong discipline.
Your goal of Rs 2 lakhs monthly income after retirement is very achievable.
Let’s look at your situation from all angles to build a secure post-retirement financial roadmap.

? Retirement Readiness Assessment

– Your current corpus is excellent.
– Rs 9 crore in equity is significant.
– Rs 80 lakhs in mutual funds adds strong diversification.
– Rs 50 lakhs in FD offers fixed income security.
– Rs 85 lakhs in PF ensures steady post-retirement liquidity.
– Two houses add to your overall stability and confidence.

– With Rs 11.15 crore in financial assets, your financial independence is assured.
– Your target of Rs 2 lakhs monthly income (Rs 24 lakhs annually) is realistic.
– Even assuming modest returns, this can sustain for 30+ years of retirement.

? Portfolio Allocation Post Retirement

– Shift from aggressive to balanced allocation now.
– Reduce direct equity exposure gradually.
– Allocate into hybrid or balanced advantage mutual funds.
– Keep 30%–40% in equity-oriented funds for inflation protection.
– Move 20%–25% to debt-oriented mutual funds for regular income.
– 15%–20% in FDs for short-term needs and emergencies.
– Retain your PF. Start withdrawing gradually after retirement.

– Use a Systematic Withdrawal Plan (SWP) from mutual funds for regular monthly income.
– Prefer growth option and withdraw as per requirement via SWP.
– This gives you tax efficiency and cash flow predictability.

? Monthly Income Plan

– You aim for Rs 2 lakhs/month post-retirement.
– A smart combination of sources can give this.

Use SWP from mutual funds: target Rs 80,000–Rs 1 lakh/month.

Interest from FD: Rs 30,000–Rs 40,000/month.

Partial PF withdrawal: Rs 40,000/month for 15–20 years.

Rental income (if available from 2nd house): Additional support.

– Rebalance every 1–2 years to adjust for inflation and market changes.

? Risk Management and Safety

– Keep Rs 25–30 lakhs in FD or ultra-short debt funds.
– This acts as emergency and buffer for market volatility.
– Avoid new high-risk equity bets at this stage.
– Your current equity should be gradually rebalanced.

– Avoid ULIPs, PMS or structured products from banks or agents.
– They are unsuitable post-retirement.

– Ensure asset safety through joint ownership and nomination updates.

? Tax Planning

– After retirement, your taxable income will change.
– SWP from mutual funds is tax-efficient due to capital gains benefit.
– Long-Term Capital Gains (LTCG) above Rs 1.25 lakh is taxed at 12.5%.
– Short-Term Capital Gains (STCG) on equity funds is taxed at 20%.
– For debt funds, gains are taxed as per your slab.

– FD interest is fully taxable as per slab. Spread FDs in family names.
– Consider gifting funds to daughter (once she earns) to save tax.

– Create a family income-splitting strategy to optimise overall taxation.

? Role of Mutual Funds After Retirement

– Mutual funds will play a central role now.
– Use regular plans through a trusted MFD with CFP credential.
– Avoid direct plans.

– Direct plans lack guidance, reviews, and emotional coaching.
– With regular plans, you get active monitoring and risk control.
– In retirement, having a Certified Financial Planner guiding you adds immense value.

– Stay away from index funds.
– Index funds blindly follow the market.
– They lack downside protection and fund manager expertise.
– Active funds offer rebalancing, risk controls and better retirement fit.

? Daughter’s Education & Support

– At 22, she may need support for higher education or career goals.
– Keep aside Rs 15–20 lakhs in debt funds or FD for her future needs.
– This avoids disturbing your retirement corpus.
– Do not rely on equity for short-term educational needs.

– Once she starts earning, encourage her to plan own finances early.

? Estate and Legacy Planning

– Make a clear Will without delay.
– Include all financial and real estate assets.
– Mention nominees clearly in all accounts and investments.
– Register the Will if possible for legal strength.

– Keep a secure record of passwords, account numbers and bank lockers.
– Share with trusted family members.

– Plan your corpus distribution well – spouse, daughter, charity if desired.
– Protect legacy from legal disputes with proper documentation.

? Health Coverage and Contingency

– Maintain a strong health insurance policy.
– Do not rely only on savings for medical emergencies.
– Take a top-up health plan if needed.
– Ensure spouse is also covered.

– Medical inflation is high. Keep Rs 10–15 lakhs buffer in debt funds.
– This ensures you don’t withdraw from retirement income for health costs.

? Use of Property

– You own two houses.
– Live in one and rent the other if feasible.
– Avoid selling unless absolutely needed.

– Rental income helps reduce pressure on mutual fund withdrawals.
– However, do not consider property as a retirement plan.
– Illiquidity and maintenance are major risks in old age.

? Inflation and Lifestyle

– Rs 2 lakhs per month is good today.
– But inflation will erode it slowly.
– After 10 years, you may need Rs 3.5–4 lakhs/month for same lifestyle.

– So keep at least 35% of portfolio in growth assets like equity funds.
– This ensures your portfolio beats inflation over the long term.

– Revisit your retirement plan every 2 years.
– Adjust withdrawals and investments based on market and expenses.

? Behavioural and Emotional Discipline

– Avoid panic during market volatility.
– Stay disciplined with withdrawal strategy.
– Work with your Certified Financial Planner to avoid emotional investment errors.

– Retirement is a long phase – maybe 25+ years.
– You need growth, income, safety, and peace.
– Stick to the strategy. Don’t chase returns.

– Make spending priorities clear – needs vs wants.
– Focus on health, relationships, experiences – not on flashy lifestyle.

? Action Plan (Next 6–12 Months)

– Rebalance portfolio: Reduce equity, increase hybrid and debt funds.
– Setup SWP from mutual funds for regular cash flow.
– Allocate emergency corpus in FD or liquid funds.
– Create Will and update nominees.
– Review health insurance coverage for self and spouse.
– Keep Rs 15–20 lakhs separate for daughter’s education.
– Finalise post-retirement income plan with Certified Financial Planner.

? Finally

You are entering retirement from a position of great strength.
You have created a solid foundation with over Rs 11 crore in financial assets.
With the right guidance, steady withdrawals and discipline, your retirement life can be peaceful.

Stay focused on safety, tax-efficiency and sustainable income.
Avoid risky products, emotional decisions and large lifestyle jumps.
Let your wealth serve your life goals without tension.

A Certified Financial Planner can support you regularly in these next decades.
Not just for returns, but also for reviews, rebalancing and family safety.
Wishing you a peaceful and prosperous retirement journey ahead.

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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