How to get 2001 guideline value of my flat in Mumbai ?

Ans: If you have purchased a property then it is not required for you to declare it in the ITR. If your annual income crosses Rs. 50 lakhs after tax deduction, then you will have to declare your assets and liabilities in the ITR which must be including the property you purchased.

Moreover, if you have purchased a property worth more than Rs. 50 lakhs then you will have to deduct TDS at 1% from the payment made to the seller. The TDS is submitted to the government using Form 26QB and file for TDS return.

Ans: Understanding Property Valuation and Tax Implications
Dealing with property inherited from a parent can be complex, especially regarding its valuation and tax implications. I understand your concerns about the property bought by your father in 1959 and its current value for tax purposes. Let's break down the factors involved and clarify the best approach for you and your legal heirs.

Historical Purchase Price vs. Guideline Value
Your father's property was bought for Rs 500 in 1959. However, for tax purposes, especially capital gains tax, the purchase price might be adjusted based on guidelines from the Income Tax Department.

Guideline Value Adjustment:

The purchase price can be recalculated using the guideline value as of a certain base year, which simplifies tax calculations.
Base Year for Property Valuation
Understanding the Base Year Concept:

For properties acquired before 1st April 2001, the base year for calculating capital gains tax is 1st April 2001.

This means you can consider the fair market value of the property as of 1st April 2001 instead of the original purchase price in 1959.

Calculating Fair Market Value as of 1st April 2001
Local Consultant’s Advice:

The consultants suggested using the guideline value of the year 2000, which is correct for determining the property's fair market value as of the base year.
Steps to Calculate:

Determine the guideline value per square foot in 2001 for the property location.

Multiply this value by the property area (in square feet) to get the adjusted purchase price for tax purposes.

Example Calculation
Assume:

Guideline value in 2001: Rs 200 per square foot

Property area: 2 acres = 87,120 square feet

Calculation:

Adjusted purchase price = 87,120 sq ft * Rs 200/sq ft = Rs 1,74,24,000
This adjusted purchase price will be used to calculate capital gains when you sell the property.

Capital Gains Tax Calculation
Types of Capital Gains:

Long-Term Capital Gains (LTCG): Property held for more than 24 months.
Tax Implications:

For LTCG, you need to subtract the indexed cost of acquisition from the sale value.
Indexation Benefit
Indexation Adjusts Purchase Price:

Indexation accounts for inflation, allowing you to adjust the purchase price to current terms.
Example Indexation Calculation:

Indexed cost of acquisition = Adjusted purchase price * (Cost Inflation Index (CII) for the year of sale / CII for the year 2001)
Assume:

Sale year: 2024

CII for 2024: 348

CII for 2001: 100

Calculation:

Indexed cost = Rs 1,74,24,000 * (348/100) = Rs 6,05,43,520
Calculating Capital Gains
Sale Price:

Assume the property sells for Rs 800 per square foot.

Sale value = 87,120 sq ft * Rs 800/sq ft = Rs 6,96,96,000

Capital Gains:

Capital gains = Sale value - Indexed cost

= Rs 6,96,96,000 - Rs 6,05,43,520 = Rs 91,52,480

Tax Payable:

LTCG tax rate is 20%.

Tax = 20% of Rs 91,52,480 = Rs 18,30,496

Steps to Handle the Property
1. Regularization of Possession:

Work on legal regularization of the occupied part to avoid future disputes.
2. Divide Among Heirs:

Divide the property legally among the seven heirs for clarity and ease of sale.
3. Consult Professionals:

Engage a certified financial planner (CFP) for personalized advice.
Important Considerations
Legal Documentation:

Ensure all property documents are updated and legal heirs are recognized.
Market Conditions:

Analyze current market conditions to decide the best time to sell.
Investment of Sale Proceeds:

Plan for reinvestment of sale proceeds to minimize tax and maximize returns.
Professional Guidance
Certified Financial Planner (CFP):

A CFP can help navigate legal, tax, and investment complexities.
Tailored Advice:

Get advice tailored to your family’s financial goals and circumstances.
Conclusion
Using the guideline value of the year 2000 for tax purposes is correct and beneficial. Ensure proper legal documentation and seek professional advice for the best outcomes. This will help in managing the property sale efficiently and optimizing your financial benefits.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner,

www.holisticinvestment.in

Ans: It’s challenging when a property situation like this arises, especially with family involved. Let's go through the steps to reclaim your flat in Mumbai from your cousin.

Understanding Your Situation
First, let's break down the situation:

Flat in Mumbai: Owned by you.
Occupied by Cousin: For 40 years.
Legal Perspective
Reclaiming your flat involves legal processes. Here are the steps you need to follow:

Property Documents
Ensure all property documents are in your name. You need:

Sale Deed: Confirms ownership.
Property Tax Receipts: Paid in your name.
Electricity Bills: Preferably in your name.
Mutation Certificate: From municipal records.
These documents prove your ownership and are essential for legal proceedings.

Communication with Cousin
Start with a polite but firm conversation. Explain your need for the flat. Family issues can often be resolved without legal action. If your cousin is reasonable, they might agree to vacate amicably.

Legal Notice
If discussions don't work, send a legal notice through a lawyer. This notice should:

State Your Ownership: Clearly mention you own the property.
Request Vacation: Ask your cousin to vacate within a specific period.
Mention Legal Action: Indicate that you will take legal action if they do not comply.
Eviction Suit
If the legal notice is ignored, you need to file an eviction suit. Here’s how:

Hire a Lawyer: Choose a lawyer experienced in property disputes.
File a Suit: The lawyer will draft and file an eviction suit in the appropriate court.
Court Proceedings: Attend court hearings. Present all your property documents and evidence.
Court Order: If the court rules in your favor, your cousin will be legally required to vacate.
Police Assistance
If your cousin refuses to comply with the court order, seek police assistance. Provide them with:

Court Order: Showing the ruling in your favor.
Property Documents: Proving your ownership.
The police can help enforce the court order.

Alternative Solutions
Consider other solutions to avoid lengthy legal battles:

Monetary Settlement: Offer a financial incentive for your cousin to vacate.
Alternative Accommodation: Help them find another place to stay.
Maintaining Family Relations
Legal battles can strain family relationships. Try mediation or family counseling to resolve disputes amicably. Involve neutral family members to mediate.

Conclusion
Reclaiming your flat in Mumbai from your cousin involves a mix of legal steps and family negotiations. Start with communication, followed by legal notice and, if necessary, an eviction suit. Keep all your property documents ready and consider alternative solutions to maintain family harmony.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in