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New Flat for Land: What Tax Implications for Landowner?

T S Khurana |398 Answers |Ask -Follow

Tax Expert - Answered on Mar 12, 2025

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

Asked by Anonymous - Feb 17, 2025Hindi

Money

Through joint development agreement with developer,new flats after construction are provided to landowners in lieu of 30% of land provided to developer .There is no cost involved to the owner.What will be tax implications including capital gain for landowner?

Ans: Landowner is liable to pay Income Tax for the portion he is surrendering to the builder. Sale Consideration will be considered as value of developed area on stamp duty rate, you have retained after its Redevelopment.
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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Dear Sir, My mother is a tenant under the old "Pagdi" system of one building which is no longer standing . Now if and when this building gets redeveloped , my mother plans to sell her Tenancy rights to the Developer at the then prevailing rates instead of a apartment in the new building. My question is : in that case the amount she receives from the Developer will get taxed as Capital Gains or the normal Income tax slab rates? Thanks in advance, sir. Sumit Ganguly

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My father bought a land 0f of 5000 sft for Rs Rs 3500 in 1959.He constructed a 1500sft house on the land in 1967 for Rs 30000 . He passed away in 1986.Self and mother became owner.Mother passed away in 2011and Ibecame the owner. The building and land together was given to a builder in 2015 for construction of flats.As per the agreement I have received 4 flats and construction was completed on 27.11.2021 and handed over to me. Now I have sold one flat (out of four)for 18 lakhs. I want to know whether it will be short or long term capital gain ? I do not want to re invest in property and want to pay appropriate amount of tax .Kindly guide me with procedure.Whether I need to open a separate account in bank and park this money till I pay tax? Thanks. s guha.

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Dear Sir I have received 4 flats from Developer in exchange of giving our house for redevelopment. Now I want to sell one of my flat which according to deal will 51 lakhs. The purchaser is only able to give me 6 lakhs in cash & rest 45 lakhs he will arrange in loan from bank. hence kindly advise me will the amount I receive be taxable. Also note as we have received my flats against redevelopment there is no valuation mentioned on Registration papers. Kindly advise will I have to pay tax on 45 lakhs

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Please reach out to your CA as well before moving ahead.

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Hi Sir, We have sold our land a year ago, as per the guidelines we purchased new flat in apartment and is still being constructed. Just sale agreement which is not registered is good enough to claim tax benefit? The property is not yet registered and is pending completion and might go beyond two year’s guidelines on reinvestment

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Hello! I am resident of Canada ,wants to get Rs 40 lakhs from India from my father for making a down payment of property I looking to purchase in Canada.just want to ask do my father have to pay any tax on it, he is looking to sell a plot

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02. TCS will be collected/deducted, when your father transfer you money.
03. TCS deducted can be claimed back by filing his ITR. Amount of TCS shall be refunded after adjustment of due taxes in his ITR.
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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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