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Capital Gain

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sanath (Querist)
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07 May 2010 The assessee, upon buying a house property gifts a small stake to his wife.
What is the consequence on sale of the property in the hands of the assessee.
What happens to the proportion of Capital gain that arises in respect of the wife's stake.

Radhe Krishna

Manek Amit

Manek Amit (Expert)
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07 May 2010 The assessee has given stake of houseproperty to his wife so by sale of property full capital gain will be chargeable in hands of assessee only as wife's stake will be clubbed in the hands of husband only as husband i. e. assessee has given the property to his wife without any adequate consideration...
so full capital gain chargeable in assessee's hand only...

sanath

sanath (Querist)
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07 May 2010 Section 64 reads 'Where an asset(other than house property) is transferred by individual to spouse...

SO House property transfer is specifically excluded from Sec.64

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