Capital gain deduction

A husband have 3 house property, he sells one out of this and purchase another house in the name of his wife for the purpose of claiming deduction of capital gain and paid the amount himself . Is he eligible for deduction under section 54 or 54f .Provide the case law as well.
Replies (8)
Quick Summary
This discussion explores whether a husband can claim a capital gains deduction under Section 54 or 54F when he sells a property and buys a new one in his wife's name, using his own funds. Opinions are divided, with some suggesting it's permissible due to husband and wife being treated as one unit for capital gains, while others argue it's not eligible as the property isn't in his name. Case law from Chennai and Delhi courts is referenced for guidance on reinvestment in a spouse's name.

Yes deduction will be available
No deduction is available under both of the sections...

No need to refer any case law for that...

kindly Refer
First and second proviso to section 54(1)
and
Proviso to section 54F
You can take exemption as per 54 and
No you can't as the property purchased is in name of wife.

you can take exemption as per 54 and 54F
if you reinvestment the money in your wife name also in purchase of another house along with the terms and conditions of section as per Chennai and delhi court orders regarding such cases
sorry above is post half way  while typing 

Yes deduction can be claimed since husband and wife are treated as 1 for capital gain
and in common parallel lines are also husband can purchase property in the name of wife
Not eligible
How come it's not eligible

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
19 September 2026
CA/Semi-CA/BCom

Pravin Sarvaiya

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 18 September 2026
Industrial Trainee

Twenty Point Nine Five Ventures Private Limited

Noida

CA Inter

View Details
Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details
Company
08 September 2026
Semi-Qualified Assitant

Subrahmanyam & Sivudu CA Firm

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 26 August 2026
CA Article Assistant/CA Drop Out/Accounts Executive

PARV & Co.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details
Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details