Transfer of property without any tax liability


This query is : Resolved 

09 February 2012 Hello Experts,

A and B are co owner of a property.A housing loan was taken by B on this property which have been paid fully by B.Now B wants to transfer this property to A without any tax liability.
My queries are as follows:
1) If A and B are in blood relation,will there not be any tex liability if he gifts this property to A?
2)If A and B are not in blood relation then will there be any tax liability if B gives this property to A through relinquishment of title? what is the concept of relinquishment of title?
3)Is there any other way of transfer of property in the above mentioned situation where tax liability is nil?

Thanks in advance....

09 February 2012 1. LIABILITY TO TAX CAN BE AVOIDED ONLY IF THEY ARE IN A RELATIOSHIP WHICH IS REFERRED TO IN SECTION 56(2)(VII)
2. GIFT WILL ATTRACT TAX IN THE HANDS OF DONEE IN TERMS OF SECTION 56(2)(VII). RELIQUISHMENT OF TITLE IS ALSO TRANSFER FOR THE PURPOSES OF CAP GAINS. IN THAT CASE TAX WILL BE LEVIED IN THE HANDS OF RELINQUISHER
CA MANOJ GUPTA
JODHPUR
09828510543

09 February 2012 1. B has taken a housing loan. Care must be taken for Section 80C(5)(iii), subject to that
.
Reply
1). This gift is not treated as income under Section 56(2)(vii).

But, clubbing provisions of income may have tax-impact on the B's income.

Blood relation is a wider term and that's why the specific reply could come out if exact relationship between A & B is clearly narrated.
.


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



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
12 November 2026
Tax Product Specialist

BharatX.ai

Gurgaon

B.Com

View Details
Company
10 November 2026
FP&A Executive

Gujarat Guardian

Ankleshwar

CA Final

View Details
Company
Featured 07 November 2026
Chartered Accountant

DPV & Associates

Chennai

CA

View Details
Company
Featured 07 November 2026
Paid Assisstant

DPV & Associates

Chennai

CA Inter

View Details
Company
02 November 2026
Audit Executive

SRJP & Co LLP

Kochi

CA Inter

View Details
Company
12 November 2026
Auditor

Oz Taxation

Vijayawada

Graduate (Any)

View Details
Company
13 November 2026
Charted Accountant - Fresher

Neeraj Bhagat & Co

New Delhi

CA Final

View Details
Company
24 October 2026
CA Industrial Trainee

Fytomax Nutrition Private Limited

Aurangabad

CA Inter

View Details