36 Lakhs Black Money: How Can I Make It White?

Ans: Dealing with black money is illegal and risky. Here are some viable solutions to proceed with your situation:

Finding a Transparent Seller:

Continue searching: Finding a seller willing to accept white money for the land might take time, but it's the most recommended approach. Look for plots advertised through reputed developers or real estate agents who prioritize legal transactions.
Negotiate: Be upfront about your preference for white money transactions and see if the seller is open to negotiation. Explain your situation and willingness to pay a reasonable price through legal channels.
Financing Options for White Money:

Talk to your bank: SBI offers various home loans that can finance the purchase of land for house construction. Explore loan options that suit your financial situation. You can discuss your situation with an SBI representative to understand eligibility and interest rates.
Part payment with white money: If the seller is insistent on some black money, consider offering a higher price with a larger portion paid through white channels (bank transfer) and a smaller portion through legal documented agreements. This way, you can minimize the black money component.
Legal Alternatives:

Land auctions: Consider participating in government or bank auctions for land parcels. These auctions are typically transparent and involve white money transactions.
Important points to remember:

Avoid black money: Transacting in black money is illegal and can lead to penalties and legal trouble. It's best to avoid such transactions altogether.
Consult a financial advisor: A financial advisor can help you assess your financial situation and recommend the best way to finance your land purchase and house construction.
Tax implications: Remember that tax benefits are available for home loan repayments and interest payments under the Income Tax Act.
By following these suggestions, you can increase your chances of finding a suitable plot and financing your dream house through legal and transparent means.

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