Nature of capital gains on share acquired via release deed

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niki (Querist)

18 March 2025 A property was acquired jointly by an assessee in FY 2000-01 along with her husband with each having 50% share. (Rs. 10 lacs each)
The husband passed away in the year 2020-21 without any will. Consequently, the assessee and her two sons inherited 1/3rd share of 50% of the property (husband’s share in property).
In FY 2024-25, the two sons signed a Release Deed in favour of the assessee (their mother) and transferred their share of 16.66% each to the assessee.
A month after the release deed was registered, the assessee sold off the property for 80 lacs.
My questions are
1. Will the capital gain for the share (of around 34%) acquired by the assessee through release deed be held as STCG or LTCG?
2. What will be taken as cost of acquisition for the share (of around 34%) acquired through release deed?
3. If LTCG, the will indexation benefit be available for the share (of around 34%) acquired through release deed?
4. What would be the base year for the indexation benefit for the share (of around 34%) acquired through release deed ?

Thanks

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

19 March 2025 1 It's long term capital gains.
2 It's the cost of acquisition related to FY 2000-01, original cost of acquisition.
3 Yes.
4 It's 01-04-2001.

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