Capital gain

Tax planning 236 views 7 replies

Hi,

A house property was self accquired by my elder brother.

Land Purchased on:20.02.1979

Ground Floor Constructed on: 16.06.1982

First Floor Constructed on:12.10.1998(along with renovation on ground floor)

On the demise of my elder brother, my bhabhi and her 3 sons inherited the property.(now 4 owners of the said property)

These 4 owners jointly gifted the said property by a registered gift deed without consideration to me and my wife.

The stamp duty was paid on the gift deed as per the circle rate valuation of Rs. 17 lacs. 

What would be our capital gain if the property is sold for 1 cr.?

What would be our cost of acquisition? The cost of purchase of house by my brother  in 20.02.1979 was around 1 lac.

 There is another option proposed by the buyer of the property.

He is willing to pay 75 lacs+ give us a flat valued at Rs.25 lacs.

How is the tax treatment of the flat given in exchange worked out?

I intend to purchase a house in my sons name from the sale proceeds.

Thanks in Advance.

Replies (7)

" What would be our cost of acquisition?"

Ans: The stamp duty was paid on the gift deed as per the circle rate valuation of Rs. 17 lacs.             Along with same date of aquisition.

Dhirajlal Sir,

Can you please further guide? 

Will the cost of accquisition be indexed by taking into account the cost incurred by my elder brother?

" Will the cost of accquisition be indexed by taking into account the cost incurred by my elder brother?"

You can go ahead with that option provided you have justification of cost of construction, all the bills of that period.

Thank you sir,

Unfortunately, we do not have the bills.

Can we take into consideration the prevailing cost of construction?

How can you take present construction rates and indexation from date of construction?

Sir,

Sorry.

I meant:

The rates of construction prevailing in the year in which the construction was done.

How can you get that for each year, which are acceptable to department or by any court?


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