Home > Money > Question
Need Expert Advice?Our Gurus Can Help

Loan woes and tax trouble: How can I help my brother?

T S Khurana

T S Khurana   |244 Answers  |Ask -

Tax Expert - Answered on Dec 03, 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
sreekanta` Question by sreekanta` on Dec 02, 2024Hindi
Listen
Money

Respected Sir ji., My brother (59) in 2019 availed a loan of Rs 55 lakh for his daughter marriage and clearance of debt, due to some reason of cheat and fraud the marriage got broken, in order clear the loan with no other alternate he sold his property in 2020 for 90 lakh but received only 72 lakh, bcoz the purchaser bounced one cheque for Rs. 18 lakh. With available fund my brother cleared the loan upto 45 lakh in 2019/20. Due to problems of marriage n divorce n cheque procedure my bro could not submit yearly returns, Now he received notice from IT, kindly guide how to go ahead now.

Ans: 01. Please refer to the notice you received from IT department. Act accordingly.
02. Henceforth, file your Income Tax Returns on regular basis, whether income is more or less.
ADDITIONAL INPUT :
This is a case of WRONG PLANNING & UN-NECESSARILY AVOIDING TAX LIABILITY. Needs corrective measures.
03. Cheque bounce case should also be filed. Please note that Cheque bounce in case of sale of property may lead to cancellation of Sale Deed, if cheque numbers have been mentioned in the Registered Deed.
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.
Money

You may like to see similar questions and answers below

Ramalingam

Ramalingam Kalirajan  |7206 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 23, 2024

Asked by Anonymous - May 20, 2024Hindi
Listen
Money
Hello Sir, My Brother is having home loan in Chola along with my father and mother has co applicant, due to accident my father expired and its affected business my brother is unable to pay the loan emi alone and i am helping him in repay the amount raye of interest increase from 14 to 16% asboer increase in RBI repro rate. is their a way to get loan under my name to Balance Transfer has he is not eligible to get new loan.
Ans: Navigating Loan Transfer Amidst Family Tragedy

Hello, I appreciate you reaching out during this challenging time for your family. Let's explore options for mitigating the burden of your brother's home loan while honoring your late father's legacy.

Understanding the Situation

Firstly, my heartfelt condolences on the loss of your father. Dealing with such a loss can be emotionally and financially taxing, especially when it affects ongoing financial commitments like loan repayments.

Assessing the Loan Situation

Your brother's inability to sustain the home loan EMIs alone, coupled with the increase in the interest rate, adds to the financial strain. It's commendable that you're stepping in to support him during this difficult period.

Exploring Loan Transfer Options

Considering your willingness to assist your brother, exploring the possibility of transferring the loan under your name is a viable option to alleviate the financial burden. Here's a step-by-step approach to navigate this process:

1. Loan Eligibility Assessment:

Begin by assessing your own eligibility for the loan, considering factors such as income, credit score, existing financial commitments, and repayment capacity. This will determine your suitability as a loan applicant.

2. Co-Applicant Consent:

Seek consent from your brother and mother, who are currently co-applicants on the loan, to transfer the loan under your name. Their cooperation and understanding are crucial in facilitating the transfer process.

3. Financial Documentation:

Gather all necessary financial documents, including income proofs, bank statements, and property documents, required for the loan transfer application. Ensure completeness and accuracy to expedite the process.

4. Loan Transfer Application:

Submit a formal application to the lending institution, expressing your intent to assume responsibility for the existing loan. Provide all relevant documentation and comply with any additional requirements stipulated by the lender.

5. Credit Assessment and Approval:

The lender will conduct a thorough credit assessment to evaluate your repayment capacity and assess the risk associated with the loan transfer. Timely submission of accurate documents can expedite the approval process.

6. Loan Repayment Plan:

Once the loan transfer is approved, devise a feasible repayment plan in consultation with your brother to ensure timely repayment of EMIs. Consider factors such as income stability, future financial goals, and contingency planning.

Potential Challenges and Considerations

While transferring the loan under your name offers relief to your brother, it's essential to be mindful of potential challenges and considerations:

Creditworthiness: Your eligibility for the loan transfer hinges on your creditworthiness and financial stability. Ensure that you meet the lender's criteria to avoid any setbacks.
Legal Formalities: The loan transfer process may entail legal formalities and documentation, which must be diligently adhered to for a smooth transition.
Financial Responsibility: Assuming the loan entails a significant financial responsibility. Evaluate your ability to manage the additional debt burden alongside your existing financial commitments.
Communication and Transparency: Maintain open communication with all stakeholders involved, including your family members and the lending institution. Transparency and clarity can facilitate a collaborative approach to resolving financial challenges.
Seeking Professional Guidance

As a Certified Financial Planner, I strongly advise seeking professional guidance from legal and financial experts to navigate the loan transfer process effectively. Their expertise can provide invaluable support in addressing complexities and ensuring compliance with regulatory requirements.

Conclusion

In conclusion, exploring the option of transferring the home loan under your name offers a potential solution to ease the financial burden on your family. With careful planning, cooperation, and professional assistance, you can navigate this challenging period and secure your family's financial well-being.

Best Regards,

K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in

..Read more

Latest Questions
Janak

Janak Patel  |8 Answers  |Ask -

MF, PF Expert - Answered on Dec 04, 2024

Asked by Anonymous - Nov 30, 2024Hindi
Listen
Money
Hi, i am 52years old, wanted to retire early, following are my investments, MF - INR 65L, Equity - INR 22L, 3 houses, one is self-occupied, other 2 houses valued at INR 90 L and INR 32L respectively, i have home loan outstanding of INR 12L, FD of INR 36L , PF INR 32L, monthly expenses requirement is INR 1 L, kindly help me to plan my early retirement. Thank you in advance for your reply on my question.
Ans: Hi,

As there are many things to consider for an early retirement, one of the first is to start thinking about it in a more realistic manner. An early retirement is not necessarily stop working life, but think of it as a more comfortable schedule that provides you opportunities to relax and pursue your passion and interests and live life on your own terms. You may or may not undertake an activity which can be monetized, meaning which provides you some sort of income - not necessarily to cover your living expenses in whole/part. So do give it some thought of how you intend to keep yourself occupied once you retire from your "current schedule". Will you generate any source of income or will you incur/require more expense.

At current age of 52, an early retirement even if we consider at 55 years of age, it a still a long life ahead. I will make a lot of assumptions in my response as these are not known from your query - such as life expectancy of another 30 years, average return of 8% on all investments for future etc. Are the 2 real estate properties earning any kind of rent that can be considered as income.
There are too many variables that go into the calculations for retirement which are specific to each individual and their circle of life.

Generic solution - You have a currently accumulated investments valued at INR 2.65 Cr (all investments less loan).

Current monthly expenses is INR 1 Lac, over which inflation needs to be applied each year (depends on lifestyle and composition of items of expenses).

So if your cumulative investments appreciate at average 8% annually, and your monthly expense increases at 6% annual inflation, your current accumulated investments are just about enough to manage expenses for next 30yrs (excluding tax implications - refer below).

Points to consider -
1. Inflation in real world is more than 6% (depends on the individual)
2. Liquidation of investments e.g. Real estate attract expenses/fees and tax on capital gains as it will be lumpsum
3. PF post retirement will earn interest only for 3 years, so you need to plan to re-invest the amount
4. Interest income on FD attracts tax at slab rate
5. Withdrawal of amount for monthly expense from your investments will attract tax on capital gains (MF and Equity)

I strongly recommend you connect with a Certified Financial Planner for personalized guidance and prepare a plan that will take into consideration your risk profile and overall investment management towards the retirement. Benefits will include a more tax efficient plan which will consider your requirements and ensure retirement goals are achieved and if there is a shortfall - what alternatives you need to consider.

Hope this is helpful and all the best for the future.

Regards
Janak Patel
Certified Financial Planner.

...Read more

Dr Nagarajan J S K

Dr Nagarajan J S K   |174 Answers  |Ask -

Health Science and Pharmaceutical Careers Expert - Answered on Dec 04, 2024

Career
Sir I am preparing for mbbs, but I'm not able to crack that. I'm a middle class student. Can I pursue mbbs in abroad under 8 lakhs in a best college for mbbs?After that can I able to be a doctor in India?
Ans: Hi Lagna,

It seems you haven’t provided the details clearly on this platform. If you could share more information, I’m sure you will receive helpful input.

Based on your message, I understand that you are considering pursuing a career in medicine. If you intend to enroll in a medical program either in India or abroad and plan to practice in India after completion, here are some important guidelines according to the National Medical Commission (NMC):

You must appear for the NEET exam, as it is a mandatory requirement for anyone wishing to pursue graduate medical education in India or elsewhere while intending to return and practice in India. According to the NMC eligibility criteria: “No student shall be eligible to pursue graduate medical education either in India or elsewhere (if they want to return and practice in India), except by scoring the minimum eligible score at the NEET UG exam. The UGMEB will announce the list of eligible students periodically.”

Therefore, I recommend preparing for the NEET exam and trying to secure admission in India itself. If you choose to pursue medical education abroad, you can still practice in India, but you will need to pass exit exams as well.

Regarding your question about pursuing MBBS abroad for under 8 lakhs, are you asking if this is per year or for the entire course? Studying abroad at that cost per year is possible. However, when you take into account the total expenses, which include course fees, accommodation, food, travel, visa, and other costs, it might be more feasible to complete your MBBS in India.

I hope this clarifies your queries!

...Read more

Patrick

Patrick Dsouza  |879 Answers  |Ask -

CAT, XAT, CMAT, CET Expert - Answered on Dec 04, 2024

Listen
Career
Hi Sir, I am 41 years old. I've 15 years of experience in Finance (FP&A) domain. In last 2.5 years I have changed 3 companies due to lay off, Cultural misfit and latest one due to Personal and family issue. I quit my last job in Sept'24 (from Apr;24 to Sept'24). Due to some family issues, Lay offs, Challenges faced on the job I am feeling very low. I don't have any confidence left as a result don't want to return to work out of fear and anxiety. However, I also want to upskill myself and thinking of pursuing US CMA. But I am in dilemna that with around 15 years of work experience would it open any gates for growth opportunities going forward. Another dilemna that I am constantly fighting is to whether think of making a switch from Finance domain to Learning & Development domain. I have good communication & interpersonal skills and have always had a liking towards L&D domain. Now myself on a Career break I am not sure how to proceed further - Whether to pursue my Career in Finance and look for jobs in Finance domain and then gradually look to switch to L&D domain or Look for the opportunities only in L&D domain. I have an emergency fund that can take care of my expenses for next 6-8 months. Looking forward to your guidance that can help me bounce back in my career as I am feeling lost, depressed and Lack of Confidence at present in life. Thanks.
Ans: Learning is a continuous process. So doing a course in Finance should not be a problem. As far as getting into LnD domain, start with being a faculty in one of the colleges or can start with taking private tuitions. See if it suits you. If it does, then you can decide to make the switch.

...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.

Close  

You haven't logged in yet. To ask a question, Please Log in below
Login

A verification OTP will be sent to this
Mobile Number / Email

Enter OTP
A 6 digit code has been sent to

Resend OTP in120seconds

Dear User, You have not registered yet. Please register by filling the fields below to get expert answers from our Gurus
Sign up

By signing up, you agree to our
Terms & Conditions and Privacy Policy

Already have an account?

Enter OTP
A 6 digit code has been sent to Mobile

Resend OTP in120seconds

x