Capital gain - options?

A flat purchased on 1981 is up for sale. The member of the society is Mr. A and wants to sell the flat and share 50% of the sale proceeds with his brother Mr B who lives separately. Mr. A does not want to write a gift deed in favour of Mr B. Mr. B is not the nominee of the flat nor the owner.

Mr. A's question is how capital gains will be affect with the below two options:

1) Whether to have a single ownership of the flat for sale, and give 50% of the sale proceeds to his brother?

OR

2) Whether to have a joint ownership of the flat for sale, and share 50% of the sale proceeds?

Replies (2)

A is liable to discharge the LTCG tax in his hands only, and hence he is set free to donate/ gift / give his money to anybody he wants.

Mr. A is only the trustee of the said flat for now. The mutation is still pending. What should be the course of action for Mr. A in order to decrease his long term capital gains? He intends to give 50% to his brother from the sale of this flat. From the balance 50% with himself, he wants to buy another flat plus make some investments.

1) transfer the flat wholly in the name of Mr. A and then sell to give 50% to his brother?

OR

2) transfer the flat partly in the name of Mr. A and partly in Mr B and then sell to share the sale proceeds? (in this case, the long term capital gain will be shared, too, because the flat is owned jointly, right?)

Thanks

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
12 October 2026
AUDIT , ACCOUNTS AND TAXATION

KDSS

New Delhi

B.Com

View Details
Company
08 October 2026
SALES TELECALLER

HIRE NOVA

Lucknow

Graduate (Any)

View Details
Company
07 October 2026
Senior Account Manager

Amplio Invest

Mumbai

M.Com

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
Featured ARTICLESHIP 06 October 2026
Semi Qualified

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details