Capital Gain on Sale of Property

Hi

We have ancestoral property bought in 1990 for Rs 60 thousand which got transferred  through registered Relinquish Deed in July 2019 and  I have sold it in Jan 2020 for 44 lacs ( stamp duty value is 28.50 lacs)

1.  Will it attract LTCG or STCG.

2.   In case of LTCG , how will FMV in 2001 will be calculated . Can we consider it as Rs 11 lacs based on our assumption on sale of similar property in vicinity.

3. In case STCG, what will be cost of property as same has been given without consideration

Replies (6)
Quick Summary
This discussion clarifies capital gains tax on property. It addresses whether a property sale results in Long-Term Capital Gains (LTCG) or Short-Term Capital Gains (STCG), depending on the holding period. The conversation also explores how to determine the Fair Market Value (FMV) of ancestral property as of 2001 for LTCG calculations, suggesting consultation with a government-registered valuer or the Sub-Registrar's Office (SRO).

1. ltcg
2. get the fmv from territorial sro
3. not applicable

Sir 

Thanks , What is territorial SRO. Can you guide for Delhi how to get the FMV , there were no circle rate available for 2001 as processes started in 2007. 

 

 

The SRO in whose the subject property situated

You can contant any government registered valuer for getting the FMV as on 01/04/2001 and take benefit on indexation as per the FMV on LTCG. 

1.It will attract to LTCG

3.Not applicable

Any kind of property held by an individual, whether or not connected with the business of that person, is called Capital Asset. Any gains resulting from the purchase and sale of such capital assets is called Capital Gains. Based on the time period the individual posses the property (36 months or 3 years in India), it can be considered to be a short-term capital asset (resulting gain to be short-term capital gain) and long-term capital asset (resulting in long-term capital gain).

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