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Grandmother's Property Sale: Inherited Capital Gains Tax Question

T S Khurana |406 Answers |Ask -Follow

Tax Expert - Answered on Nov 29, 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

Asked by Anonymous - Aug 28, 2024Hindi

Money

My Grandmother had 1 residential property in her name, currently it was sold and the sale amount is equally distributed between my 3 paternal uncles and since my father had expired so my fathers share is distributed among me, my mother and my sister. I want to know the capital tax implications and how to avoid paying capital gain tax on this matter.

Ans: 01. In this case all 3 of you (You, Your Mother & Sister) have to file ITR separately, showing the LTCG (Amount received from such sale - minus its Cost).
02. This LTCG can be reinvested either in House Property or Capital Gain Bonds, to save tax liability.
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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Dear Sir, My father recently in oct 2022 sold his house . He was staying in this house since 1973. He got this house from his father who had purchased it in 1971. In Jan 2023 my father passed away. All his money which he got from selling house was in joint account and my mother is the secondary account holder. Do my mother need to pay capital gain tax? If yes how much tax she need to pay? Can you also suggest how she can save the tax by investing in bond or any other investment. She don't want to buy a new house. Kindly suggest. Thanking you in advance

Ans: Your mother can register herself as a legal heir on the income tax website and then file the returns and pay the required tax as a representative of your father. You can invest in capital gains bonds (of REC, NHAI, etc) upto Rs 50L before 6 months from the date of sale of the property.

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Question by Roshan - Jan 09, 2024Hindi

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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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Question by Dr - May 13, 2024Hindi

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We sold out father's bungalow Built in 1970 costed around 25 lacs We sold it to 96 lacs last year What will be capital gain tax ? we don't have bills of renovation as of now since sister is quarreling she is refusing to give regn copy of last year purchase even bungalows receipts she is not giving Now what to do? This 96 lacs amount is shared by 4 sister and we 2 brothers Or should I show some property investment in advance please guide me ikpl.ravi@ Gmail com

Ans: 01. As described in your question, you might have received Rs.16.00 lakhs (1/6 shares of Rs.96.00 lakhs), in your account.
02. Keeping in view the cost details which have mentioned, LTCG would just be negligible (may be less than Rs.1.00 lakh in your case). You may pay tax on the same & go ahead, instead of involving in any sort of litigations.
Most welcome for any further clarifications. Thanks.

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Asked by Anonymous - Jun 30, 2024Hindi

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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.
Most welcome for any further clarification. Thanks.

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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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