Capital Gain Query on Resdential Propery

Tax queries 116 views 1 replies

Capital Gain query

Residential Property jointly owned by Husband & Wife 50:50 share, selling after 3 years in July 2025.

Say Sold for 2.5Cr. Purchase was for 2Cr. Capital gain 50L, Capital gain tax 12.5% without indexation = 6.25L (12.5% on 50L)

Reinvesting all:

Buying new residential property for 3Cr with 3 owners, husband, wife & adult son – equal ownership share each.

1.  Now how to show this in ITR, how to take exemption u/s 54 in IT.

2. How the payments be made for purchase. (can full amount be paid by parents or Son has to make payment for his share as he too is going to become 1/3rd owner)

3. Is it allowed under income tax rules for parents to sale property and buy other property with new joint owners, and claim exemption u/s 54.

4. If Parents will reinvest whole amount of 2.5 Cr to avoid any Capital Gain Tax, is it okay that Son pay balance Rs.50L in new property but remain equal owner ie 1/3rd owner of new property? What will be tax implications for him?

Experts please guide.

Replies (1)

The husband and wife can claim exemption under section 54 by reinvesting the capital gains in a new residential property. However, they must ensure that the new property is purchased in their names or in the name of their spouse or minor child. The son's contribution to the purchase price of the new property will not effect the exemption available to the husband and wife under Section 54.


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