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Canadian Resident Seeking Rs 40 Lakhs from India for Property Down Payment: Tax Implications?

T S Khurana |463 Answers |Ask -Follow

Tax Expert - Answered on Mar 12, 2025

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 - Feb 27, 2025Hindi

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Hello! I am resident of Canada ,wants to get Rs 40 lakhs from India from my father for making a down payment of property I looking to purchase in Canada.just want to ask do my father have to pay any tax on it, he is looking to sell a plot

Ans: 01. When your father sells a plot in India, he would be subject to Capital Gain Tax (may be Long Term or Short Term), under the I.T.Act.
02. TCS will be collected/deducted, when your father transfer you money.
03. TCS deducted can be claimed back by filing his ITR. Amount of TCS shall be refunded after adjustment of due taxes in his ITR.
04. Please note that both these transactions should be done in the same financial year.
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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Sir Recently my father (aged 73yrs) sold a property which belong to him. He to amount of Rs 25 lakh in his bank account. Will he have to pay capital gain in this case ? if No then its fine if yes then how much ? and suggest proper measures to nullify the capital gain tax. Thank you

Ans: Hello, if property is sold , then yes he definitely has to pay tax on it at 20% after indexation ( consult a CA as he will give a much precise answer in terms of tax outflow once you give him all the details )
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Hello sir My mother selling a plot (residential land) and going to get amount of 40 laks, she wish to give that money to me (son) . She is a housewife mean not a income tax payer. 1.Did she need to pay tax. If so how much? 2. And if she given to me after paying tax should i also need to pay income tax.

Ans: Your Mother may have to pay short term or long term capital gain tax on the land sale transaction.

The tax will depend on period for which land property was held in her name and cost of (indexed cost if long term)acquisition.

Mother giving cash gift to her son is not taxed but the income you may derive from this lumpsum cash gift is taxable.

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we intend to dispose 2 prop. do v need to keep this amount in cg separately or in one a/c. if v intend buy prop in 2 years can v keep in fd saving or cg is compulsory. how many prop can b bought from deal. in my case I have already committed around 40% amount in a prop in instalments, for which I have already paid one instalment from my pocket. can I take this amount which is pre deal from deal. balance need to b kept in cg or sfd and if I invest in 2 yrs still I need cg. since my wife is also disposing her prop and if v acquire prop in 2 yrs do v need to invest in cg. if v buy a joint property can v both invest from our deal amount in a joint property. what will b tax liability.

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Good evening sir. I am 64, retired and live in Bangalore. I had a apartment in Chennai which we sold recently. I also have executed a will where this flat will be inherited by my NRI daughter. As per my daughter's wishes and since we are finding it difficult to manage the flat remotely, we sold the flat. Now I want to gift a major portion of the sale proceeds to her(1C out of 1.1C). She has an NRO account. If we(me and my wife in equal proportions) transfer the gift to her NRO account, will my daughter be subject to tax? We will execute the completion of form 15ca, 15cb, with copies of sale deed, will, and then transfer the money. Please advise

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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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