Hello Sir,
I transferred a flat to my NRI son in 2015 without having to pay any stamp duty as transfer within blood relations is allowed so.I hold the POA for managing his property. Later this was rented out and my son was getting rent. But inadvertently I neither showed him NRI in tax return nor got TDS done by tenant .I now realize my mistake. What should I do now to be on the right side of law?
Under above circumstances and realizing higher taxes leviable for NRI on sale of properties, Kindly advise if my son can transfer the property back to me. If not, due to reason that I being original transferor(Is it bad in law?),to his mother?
Thanking you,
Sincerely,
S C Goswami

I was purchased a flat in 2000 in my name for Rs 4,80,000/- We were living up to 2007 JAN, after that we have shifted to Delhi state Govt accommodation allotted to my wife along with our 2 daughters, the rent was deducted as per govt rules from my wife salary.
Mother in law (wife mother) was staying with (Wife Brother) brother in law in my flat up to 2012 with out rent, in 2012 brother in law was shifted to Goa, from 2012 mother in law was staying with us, she dont have any income since beginning, in fact we are financially supporting her for her medicines & daily needs etc. & my wife was declared as she is Dependent member in service record from beginning of the service. (pl note 1998 to 2007 she is stayed with us , 2007 to 2012 she stayed with her son & 2012 to till date she is with us)
I was opened HUF in 2012 then declared above flat as HUF, Rental income showed in HUF ITR, From 2013 to 2018 . in 2018 i sold this flat @16 lac as HUF A/c recorder in ITR. the said amount deposited in HUF Capital Gain account to buy some other property, we have opted loan to buy new flat in delhi in joint name clubbing the HUF amount. But Bank refused to Home loan if we club HUF amount. Hence plan was dropped clubbing HUF amount. Without clubbing HUF amount we have purchased a Flat along with home loan.
In the mean time we have submitted application & form G to IT department in 2020 through CA. But no reply received till date .
Pl go through above facts & suggest us, where is the complication, how to sort it out. We need money back to clear present home loan.

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With best regards,

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