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Capital gain

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Querist : Anonymous

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Querist : Anonymous (Querist)
26 July 2012 I booked a flat from builder 5 years back & possession was obtained 3 years back, but the agreement was not registered ,( though possession was taken) now i intend selling the flat & claim exemption u/s 54 ( not u/s 54F as it is a residential house).
The agreement with the buyer will be triapate with builder , myself & the buyer.
will i get benefit of exemption u/s 54 as the agreement was not registered
thanks for reply
yes proving possession will be in the tripate agreement itself ie the builder confirms that he has given possession.
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Amol S Joglekar

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Amol S Joglekar (Expert)
26 July 2012 You can take the benefit of section 53A of the Transfer of Property Act. You need to prove the possession.
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