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Sanjeev

Sanjeev Govila  | Answer  |Ask -

Financial Planner - Answered on Oct 12, 2023

Colonel Sanjeev Govila (retd) is the founder of Hum Fauji Initiatives, a financial planning company dedicated to the armed forces personnel and their families.
He has over 12 years of experience in financial planning and is a SEBI certified registered investment advisor; he is also accredited with AMFI and IRDA.... more
BIMAL Question by BIMAL on Sep 18, 2023Hindi
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i am a salaried person of 64 year old My father rented a small house in a chawl at malad west 1958 there are tenents ,he has expired in 2020 ,the above house is on a plot whos owner is pvt.ltd company. There is also story building on the same plot little bit away, it is 38 year old building & talk of redevopment is going on .what do i do about the same if from income tax point of view

Ans: Tax implications - Before the chawl goes into redevelopment:-

Rental income: If you receive rental income from the house until the redevelopment, this income will be taxed in your hands and you need to show it in your ITR and pay tax on it.

Tax implications - Once the chawl goes into redevelopment:-

Capital gains: The transfer of the old house for redevelopment will be treated as a sale, and any long-term capital gains arising from the transaction will be taxable at 20% after considering indexation. However, you may be able to claim an exemption under Section 54 of the Income Tax Act, 1961, if you purchase a new residential property within 1 year before or 2 years after the sale of the old house.

Rental income: If you rent out the new flat, you will need to declare the rental income in your tax return.

It is important to note that the above is just a general overview of the income tax implications of the redevelopment of property. It is advisable to consult a qualified tax professional to get specific advice based on your individual circumstances.

Disclaimer: The information provided in this response is for general information purposes only and should not be construed as tax advice. You should consult with a qualified chartered accountant to get specific advice on your income tax situation.
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

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Tax Expert - Answered on Aug 26, 2024

Asked by Anonymous - Aug 06, 2024Hindi
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My father died in FY 24-25 a 3 months back. A home in which I am living is in the name of my late mother and my late father and my wife. My queries are : 1. Now, only my wife is alive so, Is there any need to transfer the property in my wife's name ? 2. There is income from the rent of 2 separate floors, how this rent now to be shown and in whose ITR. Me and my wife also file ITR 2 currently. 3. My Father was getting the pension and filling the ITR for the same. Do I need to file his ITR as a legal heir or as a representative. 4. What need to be done to get his legal heir status. I am having 2 married sisters also. If you can reply serial wise I shall be obliged. Kindly state any other advise wherever required. Regards.....
Ans: I offer my opinion on your above questions, point wise as under :
01. First of all refer to the "WILL" of your Father & Mother. Their share should be transferred, in the name of the beneficiary of the WILL, may be you, your wife of anybody else.
02. Till the date of death, your father & mother are entitled to 1/3 RENTAL INCOME EACH.
03. You are supposed to file ITR of your Father & Mother, after their death, till the date they were alive, along with their all other Income, whether from pension or any other source. ITR should be filled by you as their legal heir/representative asessee.
04. Portion of rental income of your wife, shall be continued to be shown in her ITR.
05 When property share of your father & mother is transferred in the name of beneficiaries, they will be responsible to show this income in their ITRs.
06. If there is "REGISTERED WILL" property can be transferred in the name of beneficiary. If there is no "WILL" then the property shall be divided among all legal heirs equally. However, some of the stake holders may opt for having no share in the property.
Most welcome for any further clarifications. Thanks.

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