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Inheritor seeks advice: Splitting property proceeds, paying sibling, and navigating LTCG

T S Khurana

T S Khurana   |253 Answers  |Ask -

Tax Expert - Answered on Nov 02, 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
Sampath Question by Sampath on Aug 07, 2024Hindi
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Dear Sir, We have inherited a property in Bangalore. The property was in my Mother's name who attained lotus feet last November. This is a bit complicated situation. 1) The actual payment for the property was done in 1998. 2) The property registration in My Mother's name was done in 2016. The value of purchase in 1998 was 6 Lacs. Renovation and modest addition is approx. 6 Lacs. 3) The property in now co owned by self and Brother. 4) We have a sister who has signed release deed. 5) The current market rate is approx. 1.7 Cr. My question is, 1) If we sell, can we ask the buyer to make separate payments to the two of us? 2) We intend to pay our Sister (resident of Australia) some portion of the recievables. Can we ask buyer to make separate payment to her? 3) We have an existing home loan which we intend to close using the money. 4) How will the LTCG role out in this situation? Also as of today there is an amendment that we can chose either 20% with indexation or 12.5 without indexation. Which is the right one to chose? Request your valuable guidance, please.

Ans: I offer my following suggestions for your points of concern :
01. The Buyer will make payment to the owner of property. Has property been transferred in favor of both of you ?
If Yes, then he shall make payment to both of you, separately, as desired by you.
02. The buyer should not make any direct payment to your sister.
After receiving the sale proceeds, both of you, may Gift some amount to your sister. It will be a separate transaction. Please note that your sister will not have any income tax implications, in case of gift from brothers.
03. You are free to use the sale proceeds of property in any way, even for re-payment of housing loan.
04. You need to work out LTCG in both ways, i.e., 20% with Indexation & 12.50% without Indexation. You may choose the option, in which you tax liability is minimum.
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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T S Khurana

T S Khurana   |253 Answers  |Ask -

Tax Expert - Answered on Nov 23, 2024

Asked by Anonymous - May 11, 2024Hindi
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Can you please suggest on capital gains as per Indian taxation laws arising in the below two queries : 1) property purchased with joint ownership, me and my wife’s name in 2015 at a cost of 64,80,000, housing improvements done for the cost of 1000000 and brokerages of 200000 paid and sold the same property at 10000000 in Dec 2023? 2) 87% of the proceeds got from the deal i.e 8700000, have been reinvested to pay 25% amount in purchasing another joint ownership property in Dec 2023, 3) I have invested in another under construction property in Nov 2023 by taking housing loan, which is on me and my wife’s name worth 1.4 cr, here the primary applicant is me only while wife is just made a Co applicant in the builder buyer agreement and also on the housing loan . So what are the LTCG tax liabilities arising from the above 3 scenarios for FY 2023-2024 and FY 2024-2025. I intend to sale off the property acquired in (2) by Dec 2024 and use that proceeds to close the housing loan for the property acquired in (3), will this sale of property be inviting any tax liabilities if the complete proceeds received from the sale of the property in (2) would be utilised to close the housing loan taken in Nov 2023 for the property in (3) ? Since in FY 23-24, I would be claiming the LTCG from the sale proceeds of 1) invested in the purchase of property in 2), and I intend to sale off this property in Dec 2024, will the LTCG claim be forfeited on the property sale in (1), should I hold this property at least for further 1 year so that sale of this property in 2) will not invite STCG?
Ans: (A). Let's first talk about F/Y 2023-24 :
You jointly sold a Property during the year for Rs.76.80 lakhs (64.80+10.00+2.00), & sold the same for Rs.100.00 lakhs.
You have jointly also purchased Property No.3 (I suppose it is Residential only), for Rs.140.00 lakhs.
You should avail exemption u/s-54 & file your ITR accordingly. Please disclose all details about sale & purchase in your ITR.
02. Now coming to the F/Y 2024-25 :
You intend to Sell Property No.2, which was acquired in 2023-24. Any Gain on Sale of it would be Short Term capital Gains & taxed accordingly.
Alternatively, you may hold this sale of property no.2 (for 2 years from its purchase) & avoid STCG
You are free to utilize the sale proceeds in a way you like, including paying off your housing Loan.
Please note to avail exemption u/s 54 only from investment in property no.3 & not 2.
Most welcome for any further clarifications. Thanks.

..Read more

Ramalingam

Ramalingam Kalirajan  |7255 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Aug 01, 2024

Asked by Anonymous - Jul 25, 2024Hindi
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Hi Mihir- I have to sell an inherited old house made before 1987. The price at that point may be 7 Lakhs. The valuer gave a report of value of 32 L in 2001 and indexed cost of 1.15 CR in 2024. I am planning to sell at 5 CR registration value? How will we calculate the LTCG on the sale proceeds? How can we utilize the LTCG. How many flats can we buy from the amount - is there a limit? I have 2 properties in my name. Also, I have loans pending Upto 3 CR. Can I pay them back? Two loans were taken last October 2023. What will be the tax implications if I don’t invest ? What are the best ways to invest and save on LtCG accrued basis the sale. Thanks for your response
Ans: The biggest change is that the benefit of indexation gets withdrawn. In simple terms, now you cannot adjust the purchase cost of the property for inflation to bring down your taxable capital gains.

Flat Tax Rate: The LTCG from property shall now be taxed at a single 12.5% plus applicable cess.

The base year for computation of capital gains in respect of properties acquired before April 1, 2001, has now been shifted from 1981-82 to 2001-02.

Point to Note:
Fair Market Value (FMV) as on April 1, 2001: You may opt to consider the FMV of the property as on April 1, 2001, as your cost of acquisition for the purpose of computing capital gains.

Assuming you opt for FMV as on April 1, 2001:

FMV as on April 1, 2001: Rs. 32 Lakhs (as per your valuation report)
Sale Price: Rs. 5 Crores
Capital Gain: Rs. 5 Crores - Rs. 32 Lakhs = Rs. 4.68 Crores
Tax: Rs. 4.68 Crores * 12.5% = Rs. 58.5 Lakhs
Availing LTCG
1. Section 54EC Bonds:

Invest the amount of LTCG in bonds issued by NHAI, REC, IRFC, or PFC within 6 months from the date of sale.
You can claim full exemption from tax on LTCG.

2. Section 54F:

Invest in a new residential house within 2 years from the date of sale.
You can claim exemption from LTCG tax to the extent of the cost of a new house.

3. Capital Gains Account Scheme:

Deposit the amount of LTCG in a Capital Gains Account Scheme within 6 months from the date of sale.
You get 3 years to invest in a new residential house.
If invested within 3 years, no LTCG tax is payable.

Flats Purchase
There is no specific limit as to how many flats one can purchase from the sale proceeds. However, if you are investing the amount to claim exemption under Section 54F, the property should be for self-occupation.

Loans and Tax Implications
You can use the sale proceeds to repay your loans, including the ones taken in October 2023. But it will not qualify for LTCG exemption. In case you fail to invest the LTCG amount to claim exemption, then you will have to pay tax on the LTCG as computed above. However, the property purchased on October 2023 can be considered for LTCG exemption. Please consult a tax advisor one on one to get clarity on this.

Best Ways to Invest and Save on LTCG
Prioritize Section 54EC bonds for full exemption.
If you plan to buy a new house, consider Section 54F or CGAS.
Consult a tax professional for other possible ways of saving taxes that might pertain to you.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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Anu Krishna  |1394 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Dec 12, 2024

Asked by Anonymous - Dec 10, 2024Hindi
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Hi I am 50 yrs male married for last 20 yrs, facing domestic abuse mentally, physically from my wife, she is extremely aggressive and use foul language in front of our 13 yrs daughter, family members, friends, maid, driver... she is keep blaming me if anything went wrong be it is financial, Social and economical . She always blame my parents with very abusive language.. she always say negative things in front of my family members for all the things which went wrong due to her extraordinary aggressive and abusive behavior, she always make issues out of normal conversation.. she is also working. She doesn't talk and whenever i try to ignore her, she physically abusive and use foul language with me.. i am trying to adjust with her for the sake of my daughter future. She is very negative, if i try to help her, she will start shouting and use abusive language and start physically abusive towards me I don't know how deal with strange behavior... I am confused and worried, but due family, daughter and society i am tolerating her. Pls help and suggest best possible solutions
Ans: Dear Anonymous,
Has this started more recently or has it been going on for a while now? This is a good indicator to know if things were most;y like this or if any recent event has triggered this.
If it is a recent thing, I guess you could try and find out what exactly could have caused this. But if it is something that has been happening for a long time, the reasons could be any and many. Since there is also some physical abuse as you mentioned, kindly make an appointment with a professional who will be able to guide your wife through this challenging time. It possibly involves some unresolved things from the past which is making life currently difficult for all of you.
Work as a family unit together for her and not against her. It's going to make matters worse. She may refuse to go to a professional, then the only option left is for you to develop a lot of patience and deal with this adult to adult with her. No fights, quarrels with her but a lot of quiet conversations which she will initially resist but someday she will give in...So if you want the family to get back together in a healthy way, a lot also depends on how you are going to deal with the situation.

All the best!
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Drop in: www.unfear.io
Reach me: Facebook: anukrish07/ AND LinkedIn: anukrishna-joyofserving/

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Ramalingam Kalirajan  |7255 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Dec 12, 2024

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Sir, I am a female private company employee would like to invest Rs 10,00,000 other than in FD's. Considering liquidity and risk pls advise me how to proceed with.
Ans: Your decision to explore alternatives to fixed deposits is commendable. It reflects a balanced approach to achieving better returns while maintaining liquidity and managing risk. Below is a detailed analysis and suggestions on how to proceed with your investment:

Diversified Mutual Fund Portfolio
Mutual funds are ideal for liquidity, risk management, and diversification.

Allocate funds to different mutual fund categories based on your risk appetite and investment goals.

Equity mutual funds: Invest 40% for high returns in the long term. They suit moderate to high-risk tolerance.

Hybrid funds: Allocate 30% to balance equity and debt exposure for stability. These are less volatile.

Debt mutual funds: Invest 30% to preserve capital and ensure liquidity. These offer lower risk.

Actively managed funds are better for growth as they outperform passive options.

Regular plans through an MFD with a CFP offer expert guidance and better fund selection.

Systematic Withdrawal Plan (SWP)
Use SWP for a steady cash flow if needed later.

Withdraw systematically without disturbing the principal.

This strategy maintains liquidity and provides tax efficiency.

Corporate Fixed Deposits and Bonds
Invest 20% in AAA-rated corporate FDs or bonds for better returns than bank FDs.

Ensure the issuer has a strong credit rating for safety.

These options provide fixed income and moderate liquidity.

Gold Investment for Diversification
Allocate 10% to gold through Sovereign Gold Bonds or Gold ETFs.

Sovereign Gold Bonds offer an additional annual interest of 2.5%.

Gold acts as a hedge during economic uncertainties.

Liquid Funds for Emergency Needs
Keep 10% in liquid mutual funds for emergencies or short-term goals.

These provide easy access to funds within 24 hours.

Returns are higher than savings accounts, ensuring better cash management.

Tax Efficiency
Equity mutual funds offer long-term tax benefits if held for over one year.

Debt mutual funds are taxed as per your income slab, but indexation reduces long-term taxes.

Plan withdrawals to optimise tax liability and maximise post-tax returns.

Insurance and Contingency Fund
Before investing, ensure adequate health and life insurance coverage.

Maintain a contingency fund covering at least 6 months of expenses.

This step ensures financial stability during emergencies.

Regular Monitoring
Review your investments quarterly with the help of a Certified Financial Planner.

Rebalance the portfolio based on market conditions and financial goals.

Regular tracking helps mitigate risks and ensures alignment with your objectives.

Avoid Common Investment Mistakes
Avoid direct funds due to the absence of expert advice and monitoring.

Stay away from speculative investments promising quick returns.

Avoid underestimating the importance of professional guidance in fund selection.

Align Investments with Goals
Define short-term, medium-term, and long-term financial goals.

Match investments with respective timelines for effective planning.

Ensure liquidity aligns with your specific needs, avoiding over-commitment to illiquid options.

Final Insights
Your investment should be a mix of growth and safety. Keep funds accessible when required while optimising returns. Diversify wisely and seek professional guidance for fund selection and periodic review. Stay focused on aligning investments with your goals and risk profile.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

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Anu

Anu Krishna  |1394 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Dec 12, 2024

Asked by Anonymous - Dec 10, 2024
Relationship
Hi doctor, I am 40 yrs old and my wife is 38 married for 14 yrs and have 1 kid who is 11 yrs old. We both are working and we only get to spend time on weekend and during weekdays we hardly get time to talk and see each other due to our shift timings. During weekend I do get urge to be intimate with her but she has lost interest and she doesn't have that urge to be intimate, we spoke about this multiple times and she agrees about this fact as we hardly get intimate once in 6 months or may be more than that. I do have that strong urge and don't want to cheat on my wife or go somewhere else to fullfill my sexual needs, but not sure if there can be any medication which will arouse her so that she can participate willingly in having sex. Even if we happen to get in to action she will just lie on the bed like dead with no emotions and she is constantly thinking of something else in her mind like what I need to cook for tomorrow, or did she do that work in office she will ask me to remind about something tomorrow as she has to do certain task, her mind is all over the place except in the act in the present moment, which really turns me off. Please need your help to save our relationship.
Ans: Dear Anonymous,
Intimacy for a man and women are very different and varied as well.
You cannot NOT connect during the week at an emotional level and then expect your wife to be excited to jump in bed. That's not how it works!
Both of you work which means weekends do get busy with household chores, children and more...there's very little time and energy left for intimate moments.
On your wife's part, she has not learned as yet to leave office work at the office but certainly what to cook for the next day is a huge task if this depends only on her. Why don't the two of you pitch in to distribute the household work between you? That way she does not feel burdened (if she does feel that way)...this also goes a long way in letting her know that you care and you want to help her...
You could also talk about how you can steal some moments after office and before you reach home by meeting at a cafe and sharing time over a cup of coffee. This definitely will make your wife feel more connected and emotionally secure which is a start point to easing of your sexual relationship.
Basically, get back to the dating scene and make your relationship a priority. A great sexual life is a product of the connection that a couple share outside the bedroom and the willingness on the part of the couple to make that happen.

All the best!
Anu Krishna
Mind Coach|NLP Trainer|Author
Drop in: www.unfear.io
Reach me: Facebook: anukrish07/ AND LinkedIn: anukrishna-joyofserving/

...Read more

Ramalingam

Ramalingam Kalirajan  |7255 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Dec 11, 2024

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I have 20 lakhs in my account and a house in my name. At present I am not earning. I have taken SBI Life smart wealth builder with installment of 1Lakh, for 12 years and premium payment term of 7 years. Applicable tax rate is 18%. I also invested in MF and taken a health insurance. I am thinking if it would be wise to continue with the SBI life. If I close SBI life and invest that in MF will it be beneficial for me? I have taken a break from my career due to health issues, and planning to continue with my job soon with an expected income of 40-50k. I am 50 years old. I need to take care of my son's (18 years) higher studies and plan for my retirement.
Ans: You are in a transitional phase with important financial goals. Let’s assess your options to make informed decisions.

Assessing SBI Life Smart Wealth Builder Policy
High Cost of Policy: The policy includes administration charges, fund management fees, and taxes of 18%.

Limited Returns: ULIPs often provide lower returns compared to actively managed mutual funds.

Lock-in Period: Your policy locks funds, restricting liquidity for immediate goals.

Surrender Value: Check the surrender value. Early surrender might lead to penalties and reduced returns.

Potential Benefits of Investing in Mutual Funds
Higher Returns: Mutual funds, especially actively managed ones, often outperform ULIPs over time.

Flexibility: You can withdraw funds based on your needs, offering better liquidity.

Diversification: Mutual funds provide exposure to different asset classes, reducing risk.

Cost Efficiency: Investing through a Certified Financial Planner minimises hidden charges and optimises returns.

Managing Your Rs. 20 Lakh Corpus
Emergency Fund: Set aside Rs. 5-6 lakhs in liquid funds or fixed deposits for emergencies.

Education Planning: Allocate funds in short-term debt mutual funds or recurring deposits for your son’s higher studies.

Retirement Corpus: Invest the remaining amount in a mix of equity and debt mutual funds for long-term growth.

Health Insurance Adequacy: Review your existing health insurance to ensure sufficient coverage.

Planning Your Income Resumption
Once you resume work, save at least 20-30% of your income.

Prioritise retirement contributions alongside education planning.

Use surplus income to reduce financial dependency on investments.

Tax Efficiency
Mutual Funds: Equity mutual funds provide tax benefits but watch for LTCG above Rs. 1.25 lakh (taxed at 12.5%).

Surrendering ULIP: Check tax implications on surrender proceeds. ULIPs offer tax exemption if premiums don't exceed 10% of the sum assured.

Health Insurance: Claim Section 80D deductions for premiums paid.

Strategic Steps Forward
Review the policy surrender value. If penalties are high, consider continuing till break-even.

Consult with a Certified Financial Planner for a detailed portfolio review.

Set realistic timelines for education and retirement goals.

Maintain separate funds for short-term needs and long-term growth.

Finally
Your proactive approach will create a strong financial foundation. By reallocating your resources wisely, you can secure your son’s education and your retirement.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...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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