Long term capital gain tax

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

11 December 2012 I have two apartments in Bangalore - Both apartment on name of me and my wife, Both co-borrowers.
I am planning to sale one apartment that is not having any loan.By selling this apartment in Bangalore, we will construct house in Pune which will have name of only my wife. During purchase of apartment, all the financial transactions are done using my account only (and no money transfer can be shown using her account.

One more point - the plot where we are building the house is owned by wife's mother and after we build it I would like to add my wife's name along with my mother in law.

1. How will I avoid the capital gain tax (house construction in Pune will have name of only my wife)?
2. I don't wish to invest money in bond etc since entire money is required to buid new house.
3. Is is possible to show some buying of land etc between us to avoid tax?

Amol S Joglekar

Amol S Joglekar (Expert)
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11 December 2012 No way. Not possible.

(A very very remote and stray point.... make an agreement with your wife that because of these many reasons her mother is NOT ready to put your name into the constructed property and hence there is no other way but to invest the funds...under compulsion...that itself is consideration... abd hence ...) But this has to be fought at Tribunal or High court level.

Querist : Anonymous

Querist : Anonymous (Querist)

11 December 2012 Is there something called Relinquish deed?
I can Relinquish my prop rights in B'lore to my wife 100% and then she can reinvest the entire money in Pune house. Is it possible?

Querist : Anonymous

Querist : Anonymous (Querist)

11 December 2012 Or if anything like Gift deed etc can be done?

Amol S Joglekar

Amol S Joglekar (Expert)
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11 December 2012 No, that will not serve the purpose.

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