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Will I be charged capital gains tax if I sell a property inherited after my father's death?

T S Khurana |463 Answers |Ask -Follow

Tax Expert - Answered on Aug 14, 2024

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

Question by George on May 09, 2024Hindi

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My father was doing business and he had taken loan from two banks Bank1..Total amount Payable as on 1st May 2024..Rs 72 lakhs (loan amount+interest) Bank2..25 Lakhs as on 1stMay 2024 My father died on 15 th Feb 2024. My family has four members including my mother We have decided to sell the property purchased by my father to pay off the loans to the banks The property was purchased for Rs 8 lakhs in 2001 We are going to sell the property for Rs 98 lakhs in June 2024 Please advise whether we have to pay any Capital gain tax I

Ans: 01. Yes. You will have to pay LTCG tax.
02. As per Budget Proposals-2024, for the F/Y 2024.25, you may opt any of the following Options :
(a). Tax Rate 20% with Indexation or,
(b). Tax rate 12.50% without Indexation.
You may calculate the tax accordingly & go for the minimum tax option.
03. Your tax liability may be less under the option of calculating LTCG without Indexation.
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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Hello Mr. Vivek, I am retired from private service and now doing technical consultancy, earning some monthly amount which is coming below taxable income. My father built a house on a plot, which was on my name about 30 year back at Chandigarh. The plot was on lease for 30 years and not a free hold. Now we like to sell it off. I have one younger brother and I have share 50% of sell amount with him. Can the tax liability on capital gain, which may be on me, be share with him or not. Please advise. Thanks in advance. R. Lal

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My father in law had a house which he constructed in 1990 on a plot cost was 2 lakhs. After his demise the house is being sold for 78 lakhs jun 2024. The proceeds of sale went to mother in law and two daughters. 33.3% each. How will be the capital gain tax be calculated and how will it tax liability for all three. All three are not working now. Help

Ans: Each of the beneficiaries shall file ITR separately and pay tax under the head Long Term Capital Gains. Since the plot is sold in June 2024, it shall be reported in ITR of A/Y 2025-26. Rate of LTCG Tax will be 12.50% (on gain only). Cost of plot as mentioned remains Rs.2,00,000.00, however please add Cost of Construction (which is not mentioned in the question) of house in the cost.
All the three are eligible for relief either by investing in house property or purchasing Capital Gains Bonds of NHAI or REC etc.
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Question by Anil - Aug 11, 2024Hindi

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Sir Recently my father (aged 73yrs) sold a property which belong to him. He to amount of Rs 25 lakh in his bank account. Will he have to pay capital gain in this case ? if No then its fine if yes then how much ? and suggest proper measures to nullify the capital gain tax. Thank you

Ans: Hello, if property is sold , then yes he definitely has to pay tax on it at 20% after indexation ( consult a CA as he will give a much precise answer in terms of tax outflow once you give him all the details )
There are multiple ways to save taxes , but my suggestion would be to pay taxes if any and to invest that money in an asset which yields good growth or a decent monthly income with growth and liquidity since your father is 73yrs old
In case of investments in Mutual Funds , you can select the following portfolio options for a retired person :
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Multicap - 30%
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Please note that these suggestions are based on your stated goals and the information you provided. It is always a good idea to consult with a financial advisor in person to better understand your risk tolerance, time horizon, and specific financial goals.

Do let me know your views on this on my LinkedIn profile, attaching my profile :
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Asked by Anonymous - Feb 18, 2025Hindi

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GM..Sir, I don't have any other income source and am been living on old savings which was over. So to survive, I want to sale my property which I had purchased @ 49 Lacs in Feb 2023. Today's, value is around 90L. In the meantime, I took gold loan of @9.9 L , and personal loan of @ 14 L. ehat is the tax payable by me and how much of these loans can be adjusted against income. How capital gain tax and income tax payable? Thanks in advance for your valuable guidance.

Ans: 01. Your loans, either Gold Loan or Personal Loan, shall have no impact on your income tax liability.
02. When you sell your property, you would be liable to pay LTCG (if you sell property after February-2025).
03. You should calculate LTCG without Indexation & pay 12.50%. This LTCG & tax liability can further be reduced by around Rs.3,00,000.00, since you have got no other income.
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My relative has 2 residential houses (H1,H2) and 2 residential sites(S1,S2). She plans to sell house H2 and buy a residential flat H3 in my her spouse name. She plans to claime capital gains under Section 54. Later she plans to sell sites S1,S2 and buy a residential flat H4 in her name. She plans to captial gains exemption under section 54F. Since at point of sale of sites, she only has only house H1 in her name, she can claim exemption under section 54F. She seems to meet all the conditions for section 54, 54F. Is this possible?

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Dear Experts, I have sold my flat for Rs 73 lacs in Thane, Maharashtra. I would like to know whether I am eligible to pay capital gains? I had bought in 2016. Moreover how do I invest this amount, I am not intending to purchase any new property. So suggest any other way out. Thanks in advance.

Ans: We need folllwing information in order to calculate Capital Gain and tax on it.
1. Purchase agreement of the property sold
2. Details of your income apart from this capital gain transaction

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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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