While filing my ITR for AY 2024-25 in new regime, can I claim benefit under section 89 for salary arrears under old regime?

Ans: Wanting regular income from investments is a practical and necessary goal. A Systematic Withdrawal Plan (SWP) is one powerful option. It helps you withdraw money monthly from your mutual fund investments. But before you commit Rs. 20 lakhs to SWP, let’s study it from every angle.

Let us understand how SWP works, its safety, usefulness, and risks—clearly and completely.

 

 

What is SWP in Simple Words?

SWP is a feature in mutual funds.

 

It allows you to withdraw a fixed amount every month.

 

The money comes from your own investment in the fund.

 

The remaining amount stays invested in the fund.

 

That balance keeps growing with market performance.

 

It is the opposite of SIP. SIP adds money. SWP gives money back to you.

 

 

How Does It Work in Practice?

Suppose you invest Rs. 20 lakhs in a mutual fund.

 

You set up a SWP of Rs. 25,000 per month.

 

Every month, Rs. 25,000 is credited to your bank account.

 

This continues until you stop or your investment runs out.

 

The remaining capital continues to earn market returns.

 

If the fund performs well, your capital may grow despite withdrawals.

 

If the fund performs poorly, your capital may reduce faster.

 

 

Where Should You Invest for SWP?

Choose equity-oriented hybrid or balanced mutual funds.

 

These funds aim for stable and moderate growth.

 

Avoid high-risk funds like small-cap for SWP needs.

 

Avoid pure debt funds too. They may not beat inflation.

 

Select actively managed funds only.

 

Index funds are not suitable here.

 

Index funds have no human control. They just copy markets.

 

In falling markets, they provide no cushion.

 

Actively managed funds adjust risk and protect capital better.

 

A Certified Financial Planner can help choose suitable funds.

 

 

Is SWP Safe for Rs. 20 Lakhs?

SWP is not a separate product. It is a feature.

 

The safety depends on where your money is invested.

 

The fund's performance decides the return and capital safety.

 

If you choose well-managed funds, SWP becomes more reliable.

 

If you withdraw too much too soon, it becomes risky.

 

So, withdrawal amount must match the fund’s return capacity.

 

A Certified Financial Planner will help you set the right withdrawal rate.

 

 

What Are the Benefits of SWP?

You get regular income every month.

 

This is useful for retired people or families needing cash flow.

 

It is more tax-efficient than FD interest.

 

In equity funds, after one year, gains up to Rs. 1.25 lakh are tax-free.

 

Gains above Rs. 1.25 lakh are taxed at 12.5% only.

 

In FDs, the full interest is taxed as per your slab.

 

SWP gives better control over taxation.

 

You also decide how much and when to withdraw.

 

It does not lock your capital like annuities.

 

You can stop or change the amount anytime.

 

Your remaining capital still grows.

 

 

What Are the Risks Involved in SWP?

The biggest risk is market performance.

 

If the fund performs poorly for long, capital may reduce faster.

 

Withdrawing more than the return rate leads to capital erosion.

 

In early years, if there is a market crash, returns can fall.

 

This is called sequence of return risk.

 

If you panic and stop the SWP, you may lose long-term gains.

 

Therefore, fund selection and amount choice must be done carefully.

 

Do not withdraw too much from equity funds.

 

Stick to 5% to 7% withdrawal of the corpus per year.

 

Rebalance the portfolio annually with the help of a Certified Financial Planner.

 

 

How is Tax Calculated on SWP Withdrawals?

Tax is only on the gain portion, not the full withdrawal.

 

For equity funds, if held more than one year:

 

    • Gains up to Rs. 1.25 lakh in a year are tax-free.

    • Gains above that are taxed at 12.5%.

 

For withdrawals within 1 year, 20% tax on short-term gains.

 

For debt funds, entire gain is taxed as per your income slab.

 

Tax is deducted only on capital gain, not total SWP amount.

 

This makes SWP more tax-friendly than FD interest.

 

 

How Does SWP Compare With FD Interest?

FD interest is fixed but fully taxable.

 

SWP offers flexibility, better post-tax returns, and capital appreciation.

 

FD interest stays flat. SWP can grow if fund performs well.

 

FD locks your capital. SWP keeps your capital liquid.

 

FD maturity must be renewed. SWP can continue for years.

 

FD income stops when capital ends. SWP may continue even longer.

 

In inflation terms, FD income loses value. SWP may protect against inflation.

 

 

Should You Invest Rs. 20 Lakhs in SWP?

Yes, if you want steady monthly income.

 

Yes, if you don’t need the whole amount immediately.

 

Yes, if you invest in the right mutual fund category.

 

No, if you expect guaranteed income like FD.

 

No, if you cannot handle short-term fund fluctuations.

 

No, if you plan to withdraw high amounts monthly.

 

 

Tips to Make Your SWP Investment Strong

Choose hybrid equity funds, not pure equity or debt funds.

 

Use regular plans through a Certified Financial Planner.

 

Direct plans lack personalised advice and regular review.

 

MFDs with CFP credentials track markets and help in changes.

 

Avoid index funds. They don’t protect during market falls.

 

Active funds give better control and management.

 

Start small SWP first. Increase later if fund performs well.

 

Monitor performance every year with your planner.

 

Avoid withdrawing during deep market crashes.

 

Let the capital stay longer to recover and grow.

 

Rebalance every year. Shift gains to safe funds when needed.

 

 

Can SWP Be a Retirement Plan?

Yes, many retired investors use SWP.

 

It is a flexible, tax-efficient income source.

 

SWP protects principal if managed properly.

 

It also adjusts to your changing cash needs.

 

Unlike pension plans, you keep full control.

 

You can stop or increase SWP anytime.

 

You can leave the remaining amount for your family.

 

 

What Happens to Remaining Amount After SWP?

The remaining money stays in the mutual fund.

 

It continues to earn returns from the market.

 

You or your nominee can redeem the balance any time.

 

It is not locked. It stays liquid.

 

Capital not used becomes part of your legacy.

 

You can also use it to increase monthly SWP later.

 

Or withdraw lump sum for emergencies.

 

 

Finally

SWP is a very smart tool. It gives you peace, flexibility and tax benefits. But it needs careful planning. It is not risk-free. But with right fund, right amount and right advice, the risks reduce.

Use actively managed mutual funds. Avoid index funds. Avoid direct plans. Work with a Certified Financial Planner. They will guide, monitor and adjust when needed.

SWP is not just about monthly income. It is about freedom, control and dignity in retirement. Rs. 20 lakhs can give strong support for your goals.

Choose wisely. Plan clearly. Review regularly.

 

Best Regards,
 
K. Ramalingam, MBA, CFP,
 
Chief Financial Planner,
 
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

Ans: You have managed your money with maturity. The assets you’ve built show your disciplined approach. Now, with Rs. 15 Cr in hand, decisions must be thoughtful. Your focus on the next 20 years is correct and forward-thinking.

Let us now assess this with a 360-degree view. This is important for long-term clarity. Let us structure your Rs. 15 Cr for wealth safety, regular income, tax-efficiency and family needs.

Let’s look at each important area.

 

 

Understanding Your Current Asset Allocation

You have Rs. 2 Cr in PPF. This is long-term, safe and tax-free.

 

You have Rs. 4 Cr in deposits. These offer safety but may lag inflation.

 

You have Rs. 1 Cr in mutual funds. This shows some market participation.

 

You have Rs. 15 Cr in liquid form from recent sale.

 

You have Rs. 5 Cr in property. These are non-liquid, and for wealth holding.

 

Your overall wealth is Rs. 27 Cr. That is impressive. But over-dependence on fixed income can hurt wealth growth. Your PPF and deposits together form Rs. 6 Cr. These do not beat long-term inflation. That is a risk to family security.

 

 

Create Clear Financial Buckets for Purpose

Divide your Rs. 15 Cr into three buckets. Each has a different goal.

 

Bucket 1: For Emergency, Stability and Safety.

 

Bucket 2: For Medium-Term Needs in 5 to 10 years.

 

Bucket 3: For Long-Term Wealth Creation.

 

Let us now explore these buckets.

 

 

Bucket 1: Safety and Liquidity (Rs. 1.5 Cr)

This is to protect against sudden health or family emergencies.

 

Keep Rs. 75 lakhs in liquid funds or ultra-short-term funds.

 

These provide better returns than savings account. Still safe.

 

Rs. 75 lakhs can go to laddered fixed deposits.

 

Split this into 1-year, 2-year and 3-year ladders. Renew based on rates.

 

This bucket is not for growth. Only for comfort and liquidity.

 

 

Bucket 2: Medium-Term Stability (Rs. 3.5 Cr)

This money is not needed now. But may be required in 5 to 10 years.

 

Here, consider hybrid mutual funds.

 

Choose a mix of aggressive hybrid and balanced advantage funds.

 

These offer steady returns with lower volatility.

 

They shift between equity and debt. This reduces downside.

 

Choose actively managed funds. Avoid index funds.

 

Index funds copy the market. In falling markets, they give no protection.

 

A skilled fund manager in active funds can protect downside better.

 

Also, invest these in regular plans via a Certified Financial Planner.

 

Regular plans offer expert reviews and advice.

 

Direct funds lack this. Mistakes can cost more than small commission.

 

A CFP can rebalance when needed. Direct plan holders often ignore this.

 

This medium-term bucket protects you from inflation with lower risk.

 

 

Bucket 3: Long-Term Growth and Wealth Building (Rs. 10 Cr)

This is your most powerful wealth creation engine.

 

Equity mutual funds are the ideal choice.

 

Choose from flexi-cap, large and mid-cap and small-cap funds.

 

Diversify across 6-8 funds. Avoid fund duplication.

 

Avoid index funds here too. They follow the market blindly.

 

Active funds can outperform with right strategy.

 

Fund managers in active funds research deeply before investing.

 

Index funds don’t do that. In volatile markets, they may lag behind.

 

Active funds also book profits smartly. Index funds don’t do this.

 

Invest through a Certified Financial Planner in regular plans.

 

A CFP monitors performance and does course correction.

 

Direct funds don’t give that support. You may miss key changes.

 

CFPs also help with capital gain planning and tax harvesting.

 

Do not invest this money at once.

 

Use Systematic Transfer Plan (STP).

 

Start by parking Rs. 10 Cr in liquid funds.

 

Gradually shift to equity over 18-24 months.

 

This reduces entry risk due to market timing.

 

This is your family’s future security. Plan this layer with care.

 

 

Tax Planning and Capital Gains Efficiency

Your existing PPF is already tax-free. Keep it intact.

 

The Rs. 4 Cr in fixed deposits may be fully taxable.

 

Spread maturities to reduce tax burdens in one year.

 

Invest new money via mutual funds to lower taxation.

 

Equity mutual funds have better post-tax returns than FDs.

 

After the new rule, LTCG over Rs. 1.25 lakh is taxed at 12.5%.

 

This is still better than FD interest taxed as per slab.

 

Also, mutual funds offer more control over tax timings.

 

Stay invested for over one year to qualify for LTCG in equity mutual funds.

 

Debt mutual funds are now taxed as per slab for all durations.

 

So, use equity or hybrid equity-oriented funds more for tax efficiency.

 

 

Plan for Family Income Needs in Retirement

Even though you have 20 years, some income may be needed.

 

Create a passive income plan from mutual funds.

 

Use SWP (Systematic Withdrawal Plan) from balanced or hybrid funds.

 

They allow tax-efficient regular cash flow.

 

Better than FD interest. FDs offer less flexibility.

 

Reinvest what you don’t spend. Let compounding work for longer.

 

Avoid annuities. They lock funds and give low returns.

 

Mutual funds give liquidity and better growth.

 

 

Protect Your Wealth with Risk Management

Recheck your term insurance cover. Ensure it’s enough for your family.

 

Medical insurance should also be reviewed. Family floater with Rs. 25 lakhs is ideal.

 

Do not mix insurance and investment.

 

If you hold LIC, ULIPs or other bundled policies, evaluate now.

 

Surrender them if they are underperforming.

 

Reinvest proceeds in mutual funds.

 

You need pure insurance and pure investment. Not a mix.

 

 

Estate Planning and Family Financial Clarity

Your wealth is large. Create a Will now. Don't delay this step.

 

Mention asset distribution clearly.

 

Assign nominees across all investments.

 

Tell your family where documents and investments are kept.

 

Add joint holders or Power of Attorney if needed.

 

Consider forming a family trust if your estate is complex.

 

Consult a lawyer for this. Your Certified Financial Planner can guide you too.

 

Estate clarity gives peace of mind to all.

 

 

Ongoing Portfolio Review and Adjustments

Markets change. Goals shift. Health changes. Family needs evolve.

 

Review your portfolio every year.

 

A Certified Financial Planner helps track progress.

 

They rebalance funds based on market and your risk.

 

They help adjust tax strategy as per rule changes.

 

They assist in aligning investments to changing family goals.

 

Avoid doing this alone. Mistakes compound over time.

 

 

Finally

You’ve built a strong financial foundation. That’s a rare achievement.

 

Now, shift focus from only capital safety to capital growth.

 

Your Rs. 15 Cr can become a family legacy. Let it grow wisely.

 

Avoid chasing returns. Instead, follow a disciplined process.

 

Work with a Certified Financial Planner. They bring vision and discipline.

 

Keep your investments simple. Keep your goals clear.

 

Review regularly. Protect your wealth from inflation and taxes.

 

And keep your family informed at every step.

 

This is how you create wealth. And protect it for 20 years and beyond.

 

Best Regards,
 

K. Ramalingam, MBA, CFP,
 
Chief Financial Planner,
 
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

Ans: Definitely. For example, with the introduction of quantum computer attack will increase by using those. We have to prevent those. But you have to develop your skillsets.

Ans: Write both. Wherever you get a better option can take it up

Ans: CMA could be better of the two. Buth both may not provide you jobs in a small town.

Ans: You’ve taken the right first step. With Rs 50 lakhs and a goal of Rs 50,000 monthly income, it is critical to design a well-planned investment strategy.

Understanding the Income Need
You want Rs 50,000 per month, which means Rs 6 lakhs per year.

This works out to about 12% per year of your Rs 50 lakh corpus.

Expecting a 12% withdrawal yearly is risky. The corpus can get exhausted early.

A sustainable withdrawal rate is around 6-8% per year only.

This means Rs 25,000 to Rs 33,000 per month is safer long-term.

So first we need to decide: do we want high income now or stable income for life?

Retirement Stage Planning
At retirement, preservation of money is top priority.

Income generation comes second. Growth comes third.

But inflation will reduce purchasing power. So growth cannot be ignored.

Your portfolio must balance growth, safety and liquidity.

So we use a “bucket strategy”. Let us see what that means.

Bucket-Based Investment Planning
Bucket 1: 2 Years of Expenses
This is for monthly income now. Very low risk.

Keep Rs 12 lakhs in this bucket (Rs 6 lakhs per year × 2 years).

Put it in ultra-short debt funds or senior citizen savings scheme.

This will give you predictable cash flow.

You can set up monthly SWP (systematic withdrawal plan) from this.

Bucket 2: Next 3 to 5 Years
This is for income after 2 years.

Slightly higher return potential. Still low to moderate risk.

Invest Rs 15-20 lakhs in hybrid funds or conservative balanced funds.

These funds have 20-30% equity and rest in bonds.

They aim to beat FD returns, without too much fluctuation.

Bucket 3: Long-Term Growth
Remaining Rs 18-23 lakhs can be invested in pure equity mutual funds.

Choose large and flexi cap funds with regular plans via Certified Financial Planner.

This helps protect your lifestyle 10-15 years from now.

This part grows slowly now, but helps fight inflation later.

How SWP Can Help
SWP means you get monthly income from mutual funds.

You can set a fixed monthly amount like Rs 50,000.

Only the withdrawn amount is taxed, not entire profit.

For equity funds: STCG is taxed at 20%, LTCG above Rs 1.25 lakh is taxed at 12.5%.

For debt funds: All gains are taxed as per your tax slab.

So plan your SWP smartly, and avoid early redemption from long-term buckets.

Avoid These Mistakes
Don’t invest everything in FD or debt. It won’t beat inflation.

Don’t rely on dividend plans. They are not predictable.

Don’t go for annuities. They lock your capital and give low returns.

Don’t go for direct plans unless you are a full-time expert.

Always go via regular plans with a CFP for advice and monitoring.

Disadvantages of Index Funds
Index funds copy the market. No active research is done.

In falling markets, they also fall badly.

They can’t protect you during market shocks.

Actively managed funds give you better risk-adjusted returns over time.

Certified Financial Planners monitor fund quality and help you exit poor performers.

Direct vs Regular Plans
Direct plans have lower cost but no guidance.

You end up making emotional decisions.

Regular plans come with expert advice from Certified Financial Planner.

CFPs give behavioural control, tax planning and fund monitoring.

For retirement, discipline and peace of mind matter more than saving 0.5%.

Inflation and Longevity Risk
Today Rs 50,000 is enough. In 10 years, you may need Rs 90,000.

Life expectancy can go up to 85-90 years.

So your corpus must keep growing even during retirement.

That is why some part must always remain in equity.

Your goal should be to never touch the principal fully.

Rebalancing Every 2 Years
Every 2 years, shift money from Bucket 2 and 3 into Bucket 1.

This way, you refill the income bucket.

Review fund performance, tax laws and personal needs with your CFP.

Don’t withdraw from equity bucket in a bad market year.

Keep 1 year of expenses always safe and liquid.

Emotional Peace is Priority
Retired life should be relaxed. You should not worry every month.

That is why a structured plan works better than ad-hoc FD or real estate.

You get monthly income, principal protection and long-term growth.

Your wife also feels secure with a system in place.

You can focus on health, hobbies and family—not markets.

Do You Hold LIC, ULIP or Insurance-Based Investments?
If yes, surrender them now. These do not give good returns.

Redeem them and reinvest into mutual funds.

Keep term insurance if needed, but no savings-insurance mix.

Review all old products with a Certified Financial Planner.

Final Insights
Rs 50,000 income is possible, but you must plan carefully.

Aim for 6-8% withdrawal rate for long-lasting corpus.

Use 3 buckets for income now, income later, and growth forever.

Avoid annuities, index funds, and direct plans.

Take help from a Certified Financial Planner who understands your retirement dreams.

Review every 2 years and adjust based on expenses and market.

Retirement is not an end. It is a new phase that deserves full financial attention.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

Ans: It is thoughtful to plan for peaceful retirement life.

You have already built a strong foundation. You own a house and have no rent burden. That’s a major relief. Now, your goal is simple and clear—receive about Rs 1 lakh per month to cover expenses for yourself and your wife.

Let me now explain your options and investment plan in a detailed and practical way.

Understanding Your Income Need
Your monthly income requirement is Rs 1 lakh

That is Rs 12 lakhs yearly, for living and medical care

You also want to ensure the money lasts lifelong for you and your wife

This means your investment must give steady monthly income and beat inflation slowly

You will also need some growth, not just fixed income, to maintain purchasing power

Estimating the Ideal Corpus
You are 65 years old. Your financial plan must cover 25 years or more

This is because medical support and expenses increase from 70 years onward

With inflation considered, your Rs 1 lakh monthly need will rise in the future

So, the investment corpus should be large enough to:

Give you Rs 1 lakh per month now

Increase income over time, through partial growth-based funds

Stay safe and not run out before your lifetime

Based on current conditions and long-term returns of mutual funds, you may need Rs 2.1 crores to Rs 2.4 crores approx.

This amount will be divided into different types of funds for safety, income, and growth

If you already have some existing investments, that will reduce the gap

How to Structure the Investment
To ensure income and safety, you need a three-part approach.

Each part has a clear role. This is known as a bucket approach.

Bucket 1: Income Now – High Stability

This bucket gives monthly cash flow from safe and stable sources

Use debt mutual funds (regular plan), which suit retired investors

Only select high-quality, low-risk funds. Do not chase returns here

Choose regular plan and invest through a Certified Financial Planner for tracking and rebalancing

This bucket will cover 3 to 5 years of income, approx. Rs 40 to 60 lakhs

Withdraw monthly from here

Refill this bucket every few years using growth from other buckets

Bucket 2: Income Later – Conservative Growth

This gives returns better than FDs, with moderate risk

Invest in hybrid mutual funds, which balance equity and debt

Prefer regular funds with a Certified Financial Planner for guidance

SIPs are not needed here. Use lump sum with gradual SWP later

This portion may be Rs 60 to 80 lakhs, depending on your comfort

It helps maintain the next 6 to 10 years of income

Bucket 3: Long-Term – Growth and Inflation Protection

Invest in carefully selected diversified equity mutual funds

Choose active funds with experienced fund managers

Do not use direct funds. Use regular plan via a CFP for right entry, exit and strategy

This bucket keeps growing silently and will beat inflation

Withdraw only after 7 to 10 years, in parts, to refill Bucket 1

Allocate Rs 70 lakhs to Rs 90 lakhs here

This part ensures your funds don’t run out at 80 or 85 years

This three-bucket structure keeps your income stable. It also grows your money silently. You don’t have to sell equity in a bad year.

Why Mutual Funds and Not Fixed Deposits?
FDs give low returns. They do not beat inflation

FDs are fully taxable as per slab, unlike mutual funds

FDs do not allow gradual withdrawal (SWP)

In FDs, once you exhaust the amount, there's no backup

Debt mutual funds in regular plan allow you to withdraw monthly, and rebalance annually

Long-term capital gains tax on equity mutual funds is only 12.5% after Rs 1.25 lakh gain, which is efficient

Tax is only paid when gains are withdrawn

Debt mutual fund gains are taxed as per your slab, but only on redemption

All this makes mutual funds more flexible and tax-smart than FDs

Why Not Index Funds or Direct Funds?
Index funds are passive. They don’t adapt to market risk or sector weakness

In retirement, you need funds that protect capital, not just follow markets

Index funds cannot avoid bad sectors or weak companies

Active mutual funds managed by experienced fund managers give more stability in volatile years

Direct funds have lower expense ratio, but no advisor or help when markets fall

At your age, you need review, support, and guidance, not DIY investing

A Certified Financial Planner will help you adjust your SWP, rebalance funds, and guide redemptions

So, prefer regular plans via a CFP who understands retirement planning

Do not take risk with direct funds or online platforms without guidance

How Much to Withdraw?
Use Systematic Withdrawal Plan (SWP) instead of withdrawing full amounts

Withdraw Rs 1 lakh monthly from debt bucket for 3 to 4 years

After that, shift matured growth from hybrid and equity funds to refill Bucket 1

This way, you are not touching equity money during market lows

Your capital remains safe, and money flows monthly like a pension

Withdraw only what you need, not extra

What If You Live Longer?
This is the most important concern in retirement planning

Your corpus must last at least 25 to 30 years

That’s why we kept a large equity portion to grow with time

Medical inflation, caregiving, and lifestyle will change in 15 to 20 years

You must prepare now, not later

This structure ensures you never run out of money, and your capital can outlive you

What About Health Emergencies?
Keep a separate emergency fund of Rs 5 to 7 lakhs for medical support

Do not mix it with mutual fund buckets

Prefer senior citizen health plans, even if costly. Premium is worth it

If you already have a plan, great. But renew carefully each year

Medical inflation is nearly 10% per year now

Avoid depending on children or borrowing for health care

Tax-Efficient Withdrawals
Equity mutual fund gains beyond Rs 1.25 lakh are taxed at only 12.5%

If you withdraw in small parts, tax is reduced

Debt mutual funds are taxed as per slab, but only when you redeem

Use SWP to keep yearly gains below threshold

Regular plan through CFP ensures you plan withdrawals and avoid heavy tax in one year

Do not redeem all at once. That will trigger higher tax

Review and Rebalance Every Year
Sit with your Certified Financial Planner once a year

Review performance of each bucket

Shift from growth to income bucket as needed

Reduce exposure to equity slowly after 75 years, if required

You can also leave extra funds as inheritance for spouse or children

This review ensures discipline, control, and peace of mind

Final Insights
To get Rs 1 lakh monthly, you may need Rs 2.1 to Rs 2.4 crore corpus

Divide this wisely into three buckets for income, safety, and growth

Avoid FDs, index funds, and direct funds. They may hurt your long-term financial safety

Regular mutual funds via a Certified Financial Planner give support, safety, and flexibility

Use Systematic Withdrawal Plans to create a pension-like flow

Keep an emergency fund for medical expenses separately

Review portfolio yearly and adjust slowly. Don’t panic in market changes

Your wife’s future must be protected even after you. This structure ensures that too

You have lived wisely. Now, invest wisely to live peacefully

If you share the exact amount available for investing, I can show the exact plan in numbers. You may also explore a written financial plan with a Certified Financial Planner for even more clarity.

Best Regards,

K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

Ans: I’m very sorry to hear about your brother-in-law’s passing. In such times, handling legal and financial formalities can feel overwhelming. But don’t worry—we’ll walk through this step by step in a clear and practical way.

Let’s now see how to help your sister claim those US shares in a structured and smooth process.

Step 1: Understand the Account Type
First, confirm if the shares were held in a brokerage account (like E*TRADE, Schwab, Fidelity, etc.)

If it's an individual account, and there is no named beneficiary, then it becomes part of the estate

If it’s a joint account or transfer-on-death (TOD) account, transfer may be easier. But as you said, no beneficiary process, so likely an individual account

Step 2: Contact the Brokerage Firm
Your sister (as legal heir) must inform the broker of the death, in writing

Include death certificate copy and ask them for their formal estate transmission process

Every broker has a survivor claim or estate settlement team—you must reach them

Even if they don't have a "beneficiary form", they will have a probate transfer process

Step 3: Probate and Court Documents
Since there is no beneficiary, the assets will be distributed based on:

Will, if your brother-in-law made one, or

US State intestacy laws, if there was no Will

So:

Your sister needs to check which US state the brokerage account was in (where it was opened or where he worked/lived)

She needs to apply for probate in that US state or seek a court order to declare her as legal representative of the estate

This will likely need:

Death certificate (with apostille, if required)

Proof of relation (marriage certificate, if she is wife, or legal heirship certificate)

No objection from other legal heirs (if needed)

A US-based probate attorney can help if it's complex

Step 4: Prepare Essential Documents
Usually, the brokerage will ask for:

Original or notarized copy of the Death Certificate

Court-certified documents showing your sister as the executor or legal heir

Letter of Testamentary or Letter of Administration from US court

ID proof and address proof of the claimant

W-8BEN form, if she is not a US citizen/resident (this is for non-resident tax purposes)

Step 5: Tax Withholding and Reporting
US stocks may have capital gains or dividends subject to US tax rules

If the shares are transferred or sold later, the IRS may withhold tax for non-resident heirs

Your sister should consult a tax advisor in India for Indian tax obligations on these shares (especially if sold and proceeds brought to India)

Step 6: Receiving the Shares or Funds
Once the brokerage accepts all documents, she has two options:

Transfer shares to her own brokerage account (in USA or India, depending on broker’s policy)

Or, sell the shares and get proceeds wired to her bank account in India (this may take 4–6 weeks)

She must keep:

Copies of all forms submitted

Tax statements and brokerage letters

Confirmation of transfer/sale, for her own IT return in India

Final Insights
The process may take 2 to 4 months, depending on state laws and document completeness

Please avoid any panic sales or agents who promise shortcuts

Stick to the official channel of the brokerage firm and US court for a smooth, legal transmission

A probate attorney in the US may be required if the estate is large or complex

A Certified Financial Planner in India can help with reinvesting those proceeds wisely after they are received

Helping your sister through this legal maze is a powerful support. She needs clarity and calm guidance, and you’re doing the right thing by seeking this advice.

If you need help connecting with US-based estate attorneys or structuring her future investment in India post-transfer, I’ll be happy to help.

Best Regards,

K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

Ans: You’ve clearly explained the purchase cost, sale value, and related expenses. That helps a lot in giving an accurate and comprehensive answer.

Let us now assess your capital gains liability, step by step, and guide you on how much to invest in capital gains bonds, along with which tax regime may benefit you more.

Understanding Long-Term Capital Gains (LTCG)
Since you purchased the flat in September 2013 and sold it in February 2025, the holding period is more than 24 months.

So this is classified as a long-term capital asset.

Therefore, the profit from this sale is considered as Long-Term Capital Gains (LTCG) and taxed accordingly.

Indexed Cost of Acquisition
To calculate LTCG, we must use the Indexed Cost of Acquisition, as per the Cost Inflation Index (CII).

Let’s now list down the known values:

Purchase Price = Rs 29.3 lakhs

Registration Charges = Rs 1.465 lakhs

Total Purchase Cost = Rs 30.765 lakhs

Year of Purchase = FY 2013-14 → CII = 220

Year of Sale = FY 2024-25 → CII = 363

Now apply indexation:

Indexed Purchase Cost = (Original Cost × CII in year of sale) ÷ CII in year of purchase

So:

Indexed Cost = (30.765 × 363) ÷ 220 = approx Rs 50.79 lakhs

Net Sale Proceeds
Sale Price = Rs 89 lakhs

Brokerage paid = Rs 1.5 lakhs

Net Sale Consideration = Rs 87.5 lakhs

Long-Term Capital Gain
Now compute the LTCG:

LTCG = Net Sale Value – Indexed Purchase Cost

= Rs 87.5 lakhs – Rs 50.79 lakhs = Rs 36.71 lakhs (approx)

This is your taxable long-term capital gain.

Exemption via Capital Gains Bonds (Section 54EC)
You can invest in capital gains bonds under Section 54EC to save tax.

Eligible bonds are from REC, NHAI, etc.

Maximum investment allowed = Rs 50 lakhs per financial year

Minimum lock-in period = 5 years

Interest = around 5.25% p.a. (taxable)

In your case:

LTCG is approx Rs 36.71 lakhs

So, invest Rs 36.71 lakhs in Section 54EC bonds before 6 months from date of sale (i.e., by August 2025)

This will give you 100% LTCG exemption

Earlier vs Revised Tax Regime
Here is how to think about it:

Earlier Regime:
Allows deductions like Section 80C, 80D, HRA, LTA, and home loan interest.

LTCG tax on property is 20% after indexation. This applies in both regimes.

However, if you have many deductions, earlier regime may reduce total tax.

New Regime (as per Budget 2023-24 onwards):
Lower slab rates but no major deductions allowed

LTCG tax on property remains the same – no extra benefit here

So the decision depends on your other income and deductions

In most cases:

If you claim 80C, 80D, housing loan, etc., then earlier regime is better

If your income is purely salary, and you don’t claim deductions, then new regime may help

But in your case, LTCG tax remains same in both

Additional Tips
Capital Gains Bonds must be held for 5 years. Premature exit is not allowed.

Interest is taxable every year. So factor that into your ITR.

Keep bank receipts, bond certificates, and sale documents safely for 6+ years.

File Schedule CG in ITR-2 next year (AY 2025–26)

What If You Don’t Want to Invest in Bonds?
You can also save LTCG tax by buying a new residential property under Section 54

Property must be bought within 2 years (or constructed within 3 years)

If planning to reinvest in property, do it within deadline

If not, 54EC bonds are simpler, more flexible

Final Insights
Your capital gain is around Rs 36.71 lakhs

Invest that amount in 54EC bonds before August 2025

You can save 100% capital gains tax legally

Choose earlier tax regime if you have deductions like 80C, housing loan, etc.

Keep proofs for cost, sale, brokerage, and 54EC investment for future tax queries

Plan carefully. This one-time decision affects your long-term finances

If you want help calculating future taxes or planning retirement income from property sales, always consult a Certified Financial Planner. It’s not just about tax-saving—it’s about protecting your wealth over time.

Best Regards,

K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment