Capital gain? professional income?

In a slae of property there are 50 vendors who shared the sale consideration.  This includes couple of  persons who never had any interest in the property in question. These are advocates and their  names are not there in the title deed of property ( earlier purchase deed).

 Now the consideration received from them amounts to 

capital gain??

or Income from profession ( where no concessional tax rates are not applicable).

 

Replies (4)
according to me, receipt to advocates should be treated as capital receipt as it is received on trf of capital asset and thus chargeable under head capital gains.

How can there be 50 sellers of a property? What kind of property is this? And if their names are not present in the earlier purchase deed, then why are they receiving the sale consideration? In that case, their cost of acquisition will be nil.

the property is was purchasednsome 75 years back jointly by 7 person.  Of 50 persons are 48 are legal heirs ( three generations).  

@ gopal.... if 48 were legal heirs then only they would have received the money, why would advocates receive amt on sale?? what interest did they have on sale of such property for which they received amt.???

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