Dear Sir/Madam, My father is 80 Years old retired pensioner from Central Govt department. He is having one ancestral property which is being sold with Amount Rs.29lacs Approx. Now he want to transfer this amount equally between 2 Sons. Please advise how to handle this entire transaction process to avoid any tax implications from both end. One of his son having home loan running and currently under tax slab of 30% and other one is under tax bracket of 20% but not home loan in his name yet only Personal Loan and Car loan. Please guide. Hope I can able to explain the situation up to some extent.
Ans: 01. In absence of information, I suppose the property being sold is a Long Term Capital asset.
02. Please work out Cost of ancestral property, so that you can work out Capital Gain on it, after reducing the same from sale amount of Rs.29.00 lakhs.
03. LTCG will be taxed @12.50% with Indexation or @20.00% with Indexation. You can choose the option, where the LTCG is less.
04. Your father can Gift the amount to both sons without any tax implications. The Gift should be by cheque or online transfer and not in cash. Better if proper document for gift is prepared.
05. Both sons may use the gifted money in the way they like, including re-payment of loans, either housing or other loan.
Most welcome for any further clarifications. Thanks.
