Income out of selling ancestral property

Save Share

This query is : Resolved

Quick Summary

This discussion addresses the taxability of income from selling ancestral property in India, particularly for NRIs. It explores whether a wife, an Indian citizen, can avoid capital gains tax by reinvesting her share into another property. The advice suggests a gift deed for the wife's portion before the sale, allowing her to jointly sell and potentially avoid tax. For foreign citizen brothers, it's recommended the father-in-law sells the property and pays capital gains tax, then transfers the remaining amount.

rajeev

rajeev (Querist)

09 April 2022 Dear sir(s)

My father in law 30year old house is likely to be sold. My wife indian citizen and resident will get some share out of it.
Is this income taxable and can she save tax by buying another property for herself.
Her brothers are also share holder in this property. will they be also taxed in India as they are foreign citizens and NRIs.

How to calculate the income earned in this case.

Thanks to all

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

10 April 2022 Before selling the property ask your father in law to execute gift deed for your wife's portion of property, so that she can jointly sell the property and your wife can avoid capital gains by investing in other property.
With regard to her brothers portion let your father in law sell the property and pay capital gains tax and tranfer the balance amount.

rajeev

rajeev (Querist)

10 April 2022 Thanks Mr. Seetharaman appreciate your advice and valuable time.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now