Co owner, Section 26 of IT act

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This discussion clarifies how property share is determined when co-owners are not explicitly mentioned in the deed, particularly when the property was purchased in cash in 1996. It's established that in such cases, ownership is typically considered 50:50 between the joint owners. The advice also touches upon using the 01.04.2001 circle rate for LTCG calculations and confirms that the co-owners will be treated as individuals, not an Association of Persons (AOP), for tax purposes.

chaudhary.akanksha77@gmail.com

chaudhary.akanksha77@gmail.com (Querist)

20 February 2023 Hello, my father's brother have gifted me his plot of land last year in which he is joint owner with my mother. How the percentage share of property will be considered here. Since the property was bought in year 1996, in cash from the money of agriculture produce and nothing mentioned in the deed about share. So can it be considered as 50:50 or how we can calculate it for LTCG. Please help here..

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

20 February 2023 When nothing specified in the original deed or gift deed, it will be considered equal i.e. 50:50.

chaudhary.akanksha77@gmail.com

chaudhary.akanksha77@gmail.com (Querist)

20 February 2023 Thank you sir. Also is it ok that the amount was paid in complete cash back in 1996 for purchase of plot as we were dependent on agriculture only and all money we get is in cash at that time...

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Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

20 February 2023 Not big deal, anyhow for LTCG circle rate of the plot as on 01.04.2001 would be more helpful.

chaudhary.akanksha77@gmail.com

chaudhary.akanksha77@gmail.com (Querist)

20 February 2023 Thank you sir for explanation...really very helpful

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

20 February 2023 My Pleasure.

chaudhary.akanksha77@gmail.com

chaudhary.akanksha77@gmail.com (Querist)

21 February 2023 Sir..just one thought came to mind please please help here as well....since percentage share is not defined could IT dept. can consider it as AOP as well for taxation purpose....or me and my mother both will be considered individual here....

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)

22 February 2023 It is considered as equally owned by both INDIVIDUALS.
Not as AOP, because PAN of AOP required in agreement !!

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