My father is having Rs.1.00 cr from sale of his 1 BHK (purchased more than 3 yrs before) and want to purchase new 2 BHK house for Rs.1.60 cr. For the short fall amount, I intend to take loan of Rs.0.40 cr and having saving of Rs.0.20 cr. We want my father's name on new 2 BHK as 1st joint owner and my name as 2nd joint owner. This way, my father can save capital gains tax and I will be able to take tax benefits of housing loan interest and principal. Kindly advice on my plan.

Ans: Your father can be at any order in the property holding (first, second, anything…). His contribution in percentage terms will be counted as his share of the property.

Let us say, out of the Rs 71 Lakhs of the sale price, the Long Term Capital Gains is Rs 33.5 Lakhs and that is the one which is invested as his contribution in the new property that you are buying. So he saves complete tax on LTCG, and his share in the property becomes 10% as 33.5L is 10% of 3.35 Crores.

Ans: This is a thoughtful and complex situation involving financial, legal, and emotional aspects. I'll provide detailed guidance addressing each concern individually and from a holistic perspective.

1. Concerns About Ownership and Friction
You mentioned past friction with your husband and uncertainty about the future.

As a co-owner of Flat A and B (even if contributions are primarily from him), you retain legal rights, including consent on sale or transfer.
Joint ownership protects your stake in these properties. Even if his contribution is larger, legally, your name on the property ensures shared rights unless explicitly defined differently in a sale deed.
Given potential concerns about exclusion from ownership, it's wise to formalize any agreement regarding your rights and contributions.
Suggestion:
If your husband insists on involving your son, ensure that you remain a co-owner with clear legal documentation securing your share and rights in all flats, including future sales or inheritance.

2. Discomfort with Adding Son as Co-Owner
At 18, your son is legally an adult but may not be financially mature enough to manage property ownership responsibilities.

Property ownership can expose him to complications, including potential tax liabilities, legal obligations, or unintended liabilities if issues arise.
Ownership changes can also affect financial aid eligibility for higher education.
Suggestion:
Consider postponing adding your son’s name until he is older and capable of making informed financial decisions. Instead, secure his inheritance through a well-drafted will.

3. Potential Conflict with Son in the Future
Inheritance and joint ownership sometimes create misunderstandings or disputes between parents and children.

Suggestion:
Clearly document ownership shares and rights through a formal family agreement or by registering a legal document defining your respective stakes.

Additionally, consult a legal expert to draft a comprehensive will specifying how properties should be distributed upon your and your husband’s demise.

4. Rights as a Joint Owner Even with Minor Contribution
In a joint property ownership setup, your rights are determined by the registered sale deed, not just the financial contribution.

Your legal status as a co-owner entitles you to decision-making rights and a share in the property's income or sale proceeds.
Your husband cannot unilaterally sell or transfer a jointly owned property without your consent.
Suggestion:
Ensure all documents clearly reflect your co-ownership.

5. Gifting to Son and Tax Implications
Your husband plans to gift his share of proceeds to your son for purchasing a flat.

Gifts between blood relatives (father to son) are tax-exempt under the Income Tax Act.
However, rental income from such a flat would belong to your son as a legal owner and may trigger tax liability in his name.
If you are listed as a co-owner but funds are primarily from your husband's gift, your son would technically have the dominant financial claim.

Suggestion:
Consider keeping ownership proportion aligned with the contribution, or ensure your financial rights are explicitly protected through legal documentation.

6. Preference for Status Quo Ownership Structure
You prefer maintaining the same ownership structure for the new flats as with B and C. This is a practical and simpler solution.

Retaining the current ownership pattern avoids unnecessary tax implications and legal complications.
It ensures continuity and clarity regarding property rights for both you and your husband.
Suggestion:
Discuss this preference openly with your husband, emphasizing the ease of inheritance through a will rather than restructuring ownership prematurely.

Final Recommendations
Legal Documentation: Engage a legal professional to draft a family settlement agreement and update your will to reflect inheritance intentions.

Ownership Clarity: Ensure new properties reflect the same ownership structure as existing ones unless both parties agree otherwise in writing.

Will Preparation: Clearly state property distribution to your son after your lifetime.

Rental Income: Formalize agreements on how rental income will be shared and taxed to avoid disputes.

Family Discussion: Have a transparent conversation with your husband and involve a legal expert to mediate if necessary.

This approach will protect your rights, simplify inheritance, and avoid future disputes.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

Ans: Yes he can purchase 2 properties and claim exemption under Sec 54, (this option is available only once in lifetime).
However, it is suggested to consult CA in order to make calculations and conscious decision with complete details before taking action as there are various factor to be considered before