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Can I avoid capital gains tax by buying two flats in my name after selling my mother's flat?

Mihir Tanna |1093 Answers |Ask -Follow

Tax Expert - Answered on Jan 13, 2025

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

Question by Saksham on Jan 10, 2025Hindi

Money

Hello Mihir I just wanted to ask that, we sold our flat which was in my moms name and now we want to buy two flats in my name so are we liable to pay capital gain tax or not. Is it ok if they buy it in my name and not in my mothers name, please tell me.

Ans: To claim capital gain tax exemption, owner is required to invest gain amount in new property. So if your mother buy property in your name, she will be liable to pay capital gain tax.

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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I had sold 3 BHK flat in Sept,2015 and invested the sale proceeds in purchasing a flat in March,2016. this year in March,2023 I sold an ancestral flat purchased by my father in August,2007 and acquired by me through family arrangement and purchased a plot out of entire sale proceeds with intention to construct a house thereon. Pl let me know " will I have to pay tax on capital gain amount".

Ans: Hi Alok
Buying a plot is not considered as reinvestment and eligibility is on buying or constructing a residential house.

In this case if you construct a house on the plot then you could map the capital gains from the sale of the ancestral house against the cost of construction of the house on the plot.

Also, as you have sold the house in March 2023, you would need to open a Capital Gain Accounts Scheme (CGAS) account with any nationalized bank on or before the due date for filing your tax return. The deposit of the capital gain amount in the CGAS account would be treated as reinvestment for the moment.

You need to note that this CGAS account amount has to be utilized for construction within 3 years from the date of sale of the ancestral house.

In case you are not depositing the amount in CGAS account or reinvesting in any eligible assets before filing tax return (of course before due date) then you would need to pay tax on the capital gain portion

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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

Ans: Hello, yes the liability of tax can be shared by both. If the income is coming in your account, you can pay the entire amount of tax and then split the remaining with your brother.

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Question by Uday - Sep 25, 2024Hindi

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Hi Hi am 68 years old retired government employee in 2002 I had purchase a flat at 3.5 lack. Recently on May 2024 I have sell that flt on 21.50 .all the money I have given to my son who had purchased a new flat.can I pay capital gain tax.if yes then how much.

Ans: 01. Since you have sold the flat in May-2024, applicable LTCG tax would be @20%, with indexation.
02. You are liable to declare LTCG in your ITR & pay tax accordingly.
03. Exact tax amount payable by you can't be calculated in absence of detailed info about your Income from all sources & Tax Savings etc.
04. you can gift your son this sale amount, who may utilize the same in a way he likes.
05. If your want to save your LTCG, you should have purchased the new flat, may be in the name of your son. In this way you would have been entitled to exemption u/s 54. There are some tribunal decisions, which have confirmed that property purchased in the name of Spouse, son or daughter (Lineal blood relations), is eligible for exemption u/s 54.
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Question by Ziauddin - Dec 29, 2024Hindi

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I bought a flat in 1999 for Rs. 14 lacs and I stay in it with my family. This is the only property I own. If I sell my flat and with sale amount(entire amount) I buy a new flat to stay, do I still have to pay capital gain tax or any other tax

Ans: No, in case gain amount is invested in new property; capital gain tax will be Zero

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As this is your 1st time exposure, better to connect with a professional.

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Yes you can but not recommended. Instead increase contribution to your PF under VPF.
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Hi, I worked in STL from year 1997 to 2005 . As at time the concept of UAN was not there I couldn't find any trace of my PF and Pension contribution in EPFO portal.Also that company is closed long back I am not able to create New UAN . After 2005,I worked in number of companies and retired in 2024.My last company from where I retired is an exempted company where I transferred my all PF after 2005. I visited in local epfo office in Kolkata regarding my pf/eps withdrawal/transfer to my latest company from where I retired last year, local pf office of Kolkata not able to see my pf balance of my First company STL,due to pf not connected to UAN, what should be done right now STL had deposited PF amount in Bandra Mumbai office.

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Here is what you can do:
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2. As the company doesn't exist now, your old PF must have become 'inoperative'
3. Visit Bandra, Mumbai EPFO Office yourself along with your details and request them to trace your old account (should know your PF number from salary slips beforehand).
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Asked by Anonymous - Jan 18, 2026Hindi

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I am 42, I have two daughters 17 and 13. Me and my wife earn 5L per month currently. We do not know when we will stop being as productive as this We currently have the following portfolio 1. 1.2cr PF 2. 17L PPF 3. 40L MF 4. Real estate (3 flats in city and 5 acres in hometown) 4cr 5. Liquid 1 cr Upcoming life events 1. Kids college 2. Kids marriage After these between me and wife we need atleast 1L per month to live. I want to continue to work for 10 more years and my wife will work for 5 more. Can I retire early?

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You two are earning well and have accumulated a lot at such young age. Let us analyse in detail:
- Liquid - 1 crore >> this can take care of the immediate requirement for your kid's higher education.
- Your current investments in PF, PPF and MF - can be considered a portion for your retired life.
- Land and Flats worth 4 crores - can liquidate worth half value to keep it aside for your kids marriage.
- Save aggressively in equity and balanced mutual funds till the time you guys are working. Investing as small as 2 lakhs per month for next 10 years can grow your MF corpus from 40 lakhs to 6 crores.
This along with your PF is more than sufficient for the two of you to retire at your respective paces.

Make sure that the current MF investment along with planned SIP of 2 lakhs monthly is done under professional supervision. Any wrong investment can lower returns and create a negative impact.

Summary - You are on the right path. Start investing aggressively for next 10 years and consider liquidating 50% of your real estate assets to fulfil kids education and marriage.

And also consult a professional Certified Financial Planner - a CFP who can guide you with exact funds to invest in keeping in mind your age, requirements, financial goals and risk profile. A CFP periodically reviews your portfolio and suggest any amendments to be made, if required.

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Asked by Anonymous - Jan 19, 2026Hindi

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Hi, I m 47 years old, working in a pvt company. My current investment value is.. 1) PPF - 15 Lacs + still investing 2) SSY- 23 L + still investing 3) MF - 43 L + 4) PO & Bank FD - 9 L+ 5) Savings account - 5 L + 6) Insurance - 8 L (Premium paid already) - Running. I want to retire in next 5 years, and my monthly expenses are 50k. this investment is enough to survive in future. And how can I earn 70-80 K in future, where to invest, plz advice..

Ans: Hi,

It is really great that you have invested across various instruments and have saved a lot. Let us analyse all of it to check if this can cover your retirement.

- Current expenses - 50k monthly; looking for 70k per month income to cover your expenses post retirement.
After 5 years, you will be 52 years old and considering your life upto another 40 years (taken maximum so as to avoid any fund shortage), you will need a total corpus of 1.4 crores which will generate minimum return of 11% post retirement (assuming inflation adjusted withdrawals).
- 1.4 crores is the minimum bare requirement. Any amount over and above is a bonus for your comfortable life.
- 11% return is only possible through strategic investing in mutual funds.

Now let us analyse your current investments:
- 15 lakhs in PPF. This is good but PPF only gives 7.1% return and is not required for you as you already will have an EPF account. You can close this once 15 years are over and shift this amount to equity mutual funds.
- 23 lakhs - SSY. Continue for your kid's education.
- MF - 43 lakhs. Good amount but share more details for me to analyse the quality.
- PO and Bank FD - 9 lakhs. This is your emergency fund.
- Savings account - 5 lakhs.
- Insurance - 8 lakhs. Please share more details for me to guide you in this regard.

Overall assets - 15 lakhs (PPF) + 43 lakhs (MFs) = 58 lakhs.
Shortage of 90 lakhs.
Also consider the following:
1. Proper health coverage for yourself and family. Any medical emergency can wipe off your entire savings in a second. Cover yourself and family appropriately.
2. Consider other financial goals for your kids such as their education and marriage as 23 lakhs is not sufficient consider higher inflation rates.
3. Make a note of all other major financial goals if you have.

1.4 crore retirement requirement is after covering all other basic financial goals.
Work with a professional who will guide you with exact strategy to follow and achieve retirement with the mentioned corpus.

Hence do consult a professional Certified Financial Planner - a CFP who can guide you with exact funds to invest in keeping in mind your age, requirements, financial goals and risk profile. A CFP periodically reviews your portfolio and suggest any amendments to be made, if required.

Let me know if you need more help.

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Radheshyam Zanwar |6780 Answers |Ask -Follow

MHT-CET, IIT-JEE, NEET-UG Expert - Answered on Jan 21, 2026

Question by zuha - Jan 20, 2026Hindi

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I am 26 years old should i take neet ug exam

Ans: Yes. You can take NEET UG without hesitation.

Encouraging story for you: A SBI officer named Jay Kishore Pradhan cleared the NEET exam at age 64 in 2020 after retiring as a deputy manager, fulfilling his lifelong dream of becoming a doctor and enrolling in an MBBS course at VIMSAR, proving that age is no barrier to achieving goals. This feat was partly made possible by changes in the NEET age limit.

You can search for this real story on Google!

Best of luck in your bright future, and a salute to your courage.

Good luck.
Follow me if you receive this reply.
Radheshyam

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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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