Capital gain

Dear All,

my father sold his property for 2.8cr in 3-11-2016 in which registry of land is done on 3-11-2016 and we stop mutation as full payment is not done yet and our case is pending in civil court of lucknow. for now we got only half payment around 1.3cr and buyer is voiding the sale deed terms delaying the time.

stamp duty cost as per rural agriculture land and it is most likely situated in rural area and with agriculture purpose. my father also opened capital gain scheme  acount in in bank of baroda in july 2017. 

my questions are:

1.If land is rural agriculture land then how can we invest in buying other property?

2. can we buy multiple properties to invest that capital gain?

3. in sale deed amount is mentioned 2.80cr but we recieved only 1.30cr as buyer is not following sale deed terms so we filed civil suit and case is pending so in that senario how we can save the tax?

 

kindly clear my doubts , i'll be highly obliged to you all.

thanks.

Replies (7)

1. Being rural agricultural land.......... there will not be any capital gains liability over its sell........ So confirm about its status from patwari or town planning office....... and then take call

2. In case........ no tax liability, no question the way the amount invested/spent...... No need to invest it in CGAS account......

Thank you sir 

in stamp duty book the circle rate is showing that land is situated in rural area.

I also filed RTI to know whether this land comes under rural area or not.

as soon as i got confirmation i'll let you know.

thank you so much for clearing my doubts.

As per the registrar of stamps, if it is rural area........ means you are all most sure; but get it in writing from any governmental authority (as you said, by RTI) for your future records.   ........ 

If any certificate or letter of survey plan with the status of area is received from TP office, would be great help.

So, there will not be any tax liability over the sell.......... whatever be the payment schedule..... you can utilize the amount the way you wish.

thank you so much sir.

Most Welcome........

though it's in rural area , please verify whether your locality lies in notified area, if it so then verify whether it's beyond​ the distance​ of 2 KM's 6 KM's and 8 KM's

I got RTI reply in written they reply that the mentioned khasra/gata No. is lies in rural area as per district magistrate rrate list.

population of the village is around 13500 as per census 2011 and it is beyond the distance of 2km from the local notified municipality area.  

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