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

T S Khurana

T S Khurana   |461 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   |461 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  |8324 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

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Relationships Expert, Mind Coach - Answered on May 07, 2025

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Hello ma'm. I am a first year engineering student. I have a crush on a girl. Currently we are working for a group project. We both are in the same group. She generally avoids speaking with boys. Also I have spent 5 years in a boys school, so I feel very shy with girls. What should I do? How should I talk to her?
Ans: Start by keeping things simple and friendly. Focus on small interactions related to your project. For example, ask her opinion about something specific in the work you're doing. Try something like, “Hey, what do you think we should do for this part?” or “I liked the point you made yesterday—can we build on that?” These kinds of questions show that you respect her ideas, and they give her space to respond comfortably.

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Kanchan Rai  |586 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on May 07, 2025

Relationship
I have been married for more than 21 years and I have 2 kids. 19 and 17 years old. Our marriage was more or less love. Met through family, fell in love, dated 8 months before we got engaged and married. My wife is a lovely lady but we dont share any interests. I used to go for runs in the morning. After getting married, she insisted I sleep late with her. I am a music aficionado and she has no such interest. I am a news junkie. She probably doesnt know who the President of the US is. I am someone who believes and strives to continuously improve myself in all aspects. But she is the same. I might not be a great husband but I am much better than what I was a few years ago. I cook, clean, helped with childcare and have a great career. She is on a minimum salary job for the last 10 years. Only reason she goes is because I insisted that she stop being at home. If she had her way, she would be at home on the phone the whole day. Even our love making has become kind of boring. She claims a period for 10 days and during the other times, twice she is ready. No spicing it up. Just lie down for missionary and I have to do all the effort. I enjoyed oral and now she has stopped in for more than 15 years. I adjusted as she is a lovely person in every other aspect. But now I am sick and tired. It seems I am doing everything in the relationship and she rarely takes any effort. Either to earn, keep house clean or even intimacy. Not sure how to proceed further. I am getting irritated and often in a bad mood.
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Kanchan

Kanchan Rai  |586 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on May 07, 2025

Relationship
Hello mam In 2024 my marriage took place it's arranged marriage during starting days he was very loving and caring but due to some circumstances i got a chance to continue my studies that is m-tech . I thought it was a golden opportunity, so I took admission and started living with my in-laws Just after marriage. It was really really painful to live away from husband in new marriage. Todays condition is that my m tech 1 year is over another 1 year is left but due to separation with my husband our love died now there is no respect is left for our relation left , he started listening to his mother and got manipulated . seeing all this I feel like a death for me I want to leave mtech to save my relation but my mother says don't leave although I did lots of hard work for 1st year of m tech my husband also wants me to leave Mtech.i feel very hurt when he disrespects me . His father used to abuse his mother so for him abusing is normal for him but I find it very hurtful also I am deeply in love with him and seeing him going away from me kills me from inside every single day is very tough for me to live with in-laws without husband in a new marriage plus focusing on studies
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Kanchan Rai  |586 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on May 07, 2025

Asked by Anonymous - May 07, 2025
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After a fight between a married guy and my husband on pretext of calling me characterless and unhappy in my marriage. That married guy complaint against my hubby in society office that it's my husband who follow, flirts with his wife. But the allegations are false. That married guy was doing all these things or chasing me even after knowing m married. But falsely he shifted the blame on my husband. Society chairman called us to sign a peace treaty which my husband signed bt that guy dint appear to sign. What does he want is still not clear.??? He doesn't wanna end this matter or what ??? He still walks around looking at us but from distance.
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Samraat

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Stock Market Expert - Answered on May 07, 2025

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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