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Mihir

Mihir Tanna  |1113 Answers  |Ask -

Tax Expert - Answered on Apr 14, 2026

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Asked by Anonymous - Apr 11, 2026Hindi
Money

Hello Mihir, I had transferred my flat (owned by me and my spouse) as gift to my daughter when she was 17yo. This was done by a lawyer with payment of relevant stamp duty/taxes to registration office. I have below queries: 1) Do I need to take up any other documentation once she turns 18? 2) can I sell the flat, will there be any implications? 3) Do I or my daughter need to pay LTCG after the sale and if yes how much %? The flat was purchased in 2008 at 33 Lakhs and the ongoing rate is around 1.2Cr. I plan to purchase another residential property in India as well as overseas after the sale materializes

Ans: For income tax purpose, gift deed and registration of property in the name of daughter would be sufficient.

When your daughter sell that flat she need to pay LTCG if gain amount (1.2cr minus 33 lacs) is not invested in the new property is not purchased within 2 years or not constructed new property within 3 years of sell of flat.

Property purchased outside India will not be considered for LTCG exemption purpose.
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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Mutual Funds, Financial Planning Expert - Answered on May 09, 2024

Asked by Anonymous - Apr 21, 2024Hindi
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I am a NRI, I booked a flat for Rs 60 Laks in Nov 2009, paid the builder in EMIs through bank loan and took possession in Nov 2011, now intend to sell (on sale will get say Rs 1.2 Cr) this flat say by 1.7.2024 and buy a new flat (say agreement in Dec 2024) costing Rs 1.8 Cr again through bank loan and possession will be in Oct 2027; now what will be my LTCG tax applicability for the sale of old flat and purchase of new flat. I will adjust Rs one crore from sale of old flat proceeds with the new flat buying; both the properties are in Hyderabad/India.
Ans: LTCG Tax Applicability for Your Scenario
Based on the information you provided, here's how LTCG tax will likely apply to your situation:

Old Flat Sale:

You booked the flat in Nov 2009 and took possession in Nov 2011. Since the sale will happen after 2 years from possession (Nov 2011), it qualifies as Long-Term Capital Gain (LTCG).
LTCG on the sale of the old flat will be calculated as follows:
Sale consideration (estimated): Rs 1.2 Cr
Cost of acquisition (including stamp duty, registration charges etc. incurred in 2009): Let's say Rs 65 Lakhs (approximate figure, you'll need the actual amount)
LTCG = Rs 1.2 Cr - Rs 65 Lakhs = Rs 55 Lakhs
Tax on LTCG:

There are two ways to potentially reduce or eliminate your LTCG tax liability:

Section 54: This section allows exemption of LTCG on the sale of a residential property if the capital gains are invested in a new residential property within one year before or three years after the sale. In your case, since you plan to buy a new flat with some of the proceeds (Rs 1 Cr) within the prescribed timeframe (agreement in Dec 2024, which falls within 3 years of the sale in July 2024), you can potentially claim exemption under Section 54 for a portion of the LTCG (up to Rs 1 Cr).

Capital Gains Tax with Capital Gains Bonds (Section 54EC): If the investment in the new flat falls outside the window for Section 54, you can explore Section 54EC. This section allows investing LTCG in specific government bonds within 6 months of the sale to get exemption. However, the bonds typically have a lock-in period of 3 years.

New Flat Purchase:

The purchase of the new flat itself won't have any tax implications unless you decide to sell it in the future.

Important Points:

The actual cost of acquisition for the old flat will be crucial for calculating the exact LTCG amount.
Consult a tax advisor for a more precise assessment of your tax liability considering all the details and claiming exemptions effectively. They can advise you on the best approach based on your specific situation (e.g., Section 54 vs. 54EC).

Best Regards,

K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in

..Read more

Latest Questions
Ramalingam

Ramalingam Kalirajan  |11200 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jun 12, 2026

Money
am 38 years old and planning to buy a high-rise apartment in Ghaziabad costing around ₹40 lakh. My current take-home salary is ₹88,000 per month. I can pay around 20% as a down payment and finance the remaining 80% through a home loan. However, after making the down payment, I will not have any emergency fund left for situations such as job loss, medical emergencies, or any other unexpected difficulties. My salary is the only source of income for paying the EMI. Therefore, I would like to know whether it would be better for me to buy the flat or invest in a 75–100 square yard plot costing around ₹15–25 lakh for future investment. Note- For the todays situation in india where inflation is increasing day by day should i buy or not?
Ans: Your concern is very practical. The biggest issue is not whether the apartment or plot gives better returns. The bigger issue is that buying the apartment will leave you with no emergency fund, while your salary is the only source for EMI payments.

» Looking at Your Financial Position

Age 38 gives you enough time to build wealth.
Monthly take-home salary of Rs.88,000 is decent.
The apartment cost of Rs.40 lakhs means you may need a home loan of around Rs.32 lakhs after the down payment.
The EMI would become a long-term commitment.
Most importantly, after the down payment, your emergency reserve becomes almost zero.

This is the point that deserves maximum attention.

» Why Emergency Fund Comes First

Job loss can happen unexpectedly.
Medical emergencies can arise without warning.
Family responsibilities may increase over time.
Home ownership also brings maintenance costs, registration expenses, interiors, and society charges.

If you exhaust all your savings for the down payment, even a small financial shock can create stress.

As a Certified Financial Planner, I generally prefer seeing at least 6 to 12 months of expenses and EMIs kept aside before taking a major loan.

» Should You Buy the Apartment Now?

If the flat is for self-occupation and you genuinely need a house for your family, buying can be considered.
However, I would not recommend proceeding if it leaves you with no emergency reserve.
A few years' delay is often better than entering home ownership with financial vulnerability.

Inflation is rising, but that alone should not force a purchase decision.

A financially strong buyer usually gets better peace of mind than a financially stretched buyer.

» What About Buying a Plot?

Since you specifically asked for a comparison, a plot generally requires lower capital commitment than the apartment you are considering.
It avoids a large EMI burden.
It allows you to preserve some liquidity.
However, plots do not generate regular income and can remain idle for long periods.

The decision should not be based purely on expected appreciation.

» Inflation and Today's Situation

Inflation is certainly increasing the cost of living.
But inflation also increases future salaries and earning potential for many professionals.
Taking a large loan without emergency reserves is a bigger risk than inflation itself.
Financial flexibility is valuable during uncertain economic periods.

» A More Balanced Approach

First build a strong emergency fund.
Ensure adequate health insurance coverage.
Keep some reserves for unforeseen expenses.
Then proceed with property purchase when the down payment does not wipe out your savings.
Avoid stretching yourself to the maximum loan eligibility offered by the bank.

» Final Insights

Based on the information provided, I would be cautious about purchasing the Rs.40 lakh apartment immediately because it leaves you without an emergency fund.
The lack of financial cushion is a bigger concern than inflation.
Strengthening your emergency reserve first can make the home purchase much safer.
Do not rush into a property decision simply because prices may rise in future.
A strong financial foundation should come before a large EMI commitment.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

https://www.linkedin.com/in/ramalingamcfp/

...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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