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

T S Khurana

T S Khurana   |547 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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Mihir

Mihir Tanna  |1095 Answers  |Ask -

Tax Expert - Answered on Oct 03, 2022

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I booked a house from builder in March 2012 with basic price of Rs 30.89 lakh + gst of around 3%. I paid around Rs 12.37 lakh + gst by July 2012 and balance of Rs 18.52 lakh approx + gst by 31.05.2013 in equal monthly installments. In March 2016, I paid EDC of approx Rs 1 lakh, Rs 1.43 lakh as freehold charges, stamp duty of Rs 2.27 lakh and registry charges of Rs 0.20 lakh aggregating Rs 35.79 lakh + gst. Total cost including gst is approx Rs 37.00 lakh. The registry was executed in January 2017. Now, I expect to sell my property in September 2022 at a consideration of Rs 72 lakh. I have the undernoted questions: 1. Shall I get indexation benefit from the date of payments made to the builder or date of registry? 2. Do I need to open capital gains account or can I realise the sale proceeds in my regular savings account and invest the LTCG in the chosen bonds? 3. Do I need to deposit the entire sale proceeds in the notified bonds or only the LTCG after indexation and rest money utilize in whatever way I like without attracting tax?  4. Will GST be included in the cost of acquisition of my property?
Ans: Indexation benefit will be available from the date of payments made to the builder.

If you want to avail tax exemption by investing in bonds, you have to invest amount of taxable capital gain (derived after taking benefit of indexation), in bonds within 6 months of transfer of property.

Accordingly, sale proceeds can be realised in regular saving account and can be kept till the time you invest in specified bonds.

..Read more

T S Khurana

T S Khurana   |547 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  |11027 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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Reetika

Reetika Sharma  |541 Answers  |Ask -

Financial Planner, MF and Insurance Expert - Answered on Feb 12, 2026

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Sir, How can we reduce the Commision on Regular MF ?What is Steps to avoid the Tax if wants to Switch from Regular to Direct?.
Ans: Hi Amit,

Your concern regarding commision in regular funds is quite genuine and common these days due to the misleading content shared by some people.
You should understand that a whilst regular funds have comparatively lower expense ratio than direct funds, and this has risen to the direct fund popularity. But in actual a direct fund portfolio is only good if you know all ins and out of the market, have proper knowledge and knows the correct way to invest perse your individual profile.

There are few benefits of regular fund portfolio which is highly overlooked:
- a professional builds your portfolio keeping in mind your detailed profile, funds selction are done based on your risk profile
- a professional knows the best time to invrease your investments, to hold and to shift. They constantly monitor the same and periodically review them

And a regular fund portfolio definitely beats the direct fund portfolio made with random tips and zero or less knowledge.
Hence I would not suggest you to switch from regular to direct funds if you are working with a professional.

Also switching from regular funds to direct will attract tax, there is no way to avoid the taxation.

However, you can get your portfolio reviewed from another advisor and ask them to guide you to make necessary changes.

If you do not have an advisor, connect with 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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Naveenn

Naveenn Kummar  |249 Answers  |Ask -

Financial Planner, MF, Insurance Expert - Answered on Feb 11, 2026

Asked by Anonymous - Dec 11, 2025Hindi
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Hi there, I am 53 years and retiring on 31/12/2025. I hvae a daughter and son, both studing and un-married. I am curently holding mutual fund (investment only) of around 15lacs. I am doing a SIP of 12000/- PM. Beside this, i have an equity investment of 15.50 lacs. I do have 65lacs in FD and the same amunt is expected upon retirement. I have a own house and there is no loan obligations currently. i have another 50lacs given to relatives and there is no timeline when I will be receiving this amount. I have around 100000 monthly expense and ofcourse the marriage expenses of my daughter and son in next 3-4 years. Kindly advise the best strategy and utilization of funds. Thank you.
Ans: Hi sir ,
You are entering a very sensitive financial phase where protection of capital becomes more important than aggressive growth. At the same time, you still have 30 plus years of life expectancy to fund, along with two large near-term goals children’s marriages and ongoing household expenses. So the strategy has to balance income, liquidity, and moderate growth.

Let me break this down in a practical way.

1. Where you stand today

Assets available / expected

Mutual Funds approx 15 lakh

Direct Equity approx 15.5 lakh

FD 65 lakh

Retirement proceeds expected approx 65 lakh

Money given to relatives 50 lakh uncertain timeline

Own house no loan

Total financial assets (excluding relatives money)
~160 lakh

If relatives repay, corpus rises to ~210 lakh but we should not depend on it for planning.

2. Monthly expense reality check

You mentioned ?1,00,000 per month = ?12 lakh per year.

Assuming 6 percent inflation, this expense will double in ~12 years.

So retirement planning must create income + growth, not just fixed income.

3. Immediate financial buckets to create

Think in 4 separate buckets instead of one pool.

A. Emergency + Liquidity bucket

Keep 18–24 months expenses.

?20–25 lakh
Park in:

Savings + sweep FD

Liquid / money market funds

Purpose: medical, family, urgent needs without breaking investments.

B. Marriage funding bucket (3–4 years)

Do not keep this in equity markets due to time risk.

Estimate requirement realistically. Suppose:

Daughter marriage 25–30 lakh

Son marriage 20–25 lakh

Total say 50 lakh

Park in:

Short duration debt funds

Bank FD ladder

RBI bonds

Capital safety is priority here.

C. Income generation bucket

This is the most critical post-retirement engine.

From your corpus, allocate ~70–80 lakh.

Options mix:

Senior Citizen Saving Scheme (SCSS)

Post Office MIS

RBI Floating Rate Bonds

High quality Corporate FD

Debt mutual funds with SWP

Target blended return: 7–8 percent.

This can generate ?45k–?55k monthly income.

D. Growth bucket (Long term)

You still need equity to beat inflation.

Allocate 25–30 lakh minimum.

Continue SIP (even post retirement if possible).

Suitable allocation:

Large Cap funds

Balanced Advantage / Dynamic Asset Allocation

Multi Asset funds

Time horizon: 10–20 years.

This bucket funds late retirement and healthcare inflation.

4. What to do with existing investments
Mutual Funds (15 lakh)

Keep invested. Review fund quality. Shift to:

Balanced Advantage

Large Cap / Flexi Cap

Avoid small cap concentration now.

Direct Equity (15.5 lakh)

Gradually reduce risk.

Move profits into hybrid funds or debt over 12–18 months. Do not exit in one shot to avoid tax and timing risk.

5. Retirement corpus deployment illustration

Here is a simple structure using your ~160 lakh corpus:

Bucket Amount Purpose
Emergency 25 L Liquidity
Marriage 50 L 3–4 yr goals
Income 60 L Monthly cashflow
Growth 25 L Inflation hedge

If relatives repay 50 lakh later:

Add 20 lakh to growth

Add 15 lakh to medical reserve

Add 15 lakh to income bucket

6. Monthly income gap

Expense: ?1,00,000

Income possible:

SCSS + MIS + Bonds: ~?50,000

SWP from debt / hybrid: ~?20,000

Equity dividends / growth withdrawal later: ~?10,000–?15,000

Gap may still exist initially.

So you may need:

Part time income / consulting (even ?25k helps)

Delay large withdrawals till age 60 when senior schemes expand

7. Important risks to manage
Healthcare

Take a family floater + super top up if not already.

Longevity risk

Plan till age 90, not 75.

Relatives money

Treat as “bonus”, not retirement funding.

Document repayment if possible.

Inflation

Do not over-allocate to FD.

That is the biggest mistake retirees make.

8. Action checklist

Finalize marriage budget realistically

Create 2-year emergency fund

Invest in SCSS immediately after retirement

Restructure equity to hybrid orientation

Continue SIP from surplus if feasible

Arrange health insurance buffer

Write a will and nominations

...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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