Capital gains

 

QUERY ON CAPITAL GAINS

THE OWNER OF AN INDIVIDUAL HOUSE DIED INTESTATE  ( MEANS WITHOUT EXECUTING A VALID WILL ).  THE LEGAL HEIRS OF THE PROPERTY – TWO SONS AND WIFE.

AFTER GETTING LEGAL HEIR CERTIFICATE , A POWER OF ATTORNEY WAS EXECUTED IN FAVOUR OF A BUILDER

THE SALE DEED WAS DULY EXECUTED AFTER CANCELLING THE POWER OF ATTORNEY

THE SALE PROCEEDS WAS RECEIVED BY ALL THE THREE LEGAL HEIRS EQUALLY

ARE THE LEGAL HEIRS LIABLE TO CAPITAL GAINS ?

HOW TO CALCULATE CAPITAL GAINS INCIDENCE ON THE LEGAL HEIRS 

Replies (3)

1. It attracts capital gain then

In this question you are mentioning it is individual house (I am taking it as a residential house).

In this case, What they did with the amount received.

1) Invested some other house

2) Building a new house

3) Are putting in to a bank as general deposit

If it is clear we can answer your query.

BBala Pullaiah

 

Dear Sir

Thanks for the reply. The house in question is a residential house. All the three legal heirs , two sons and wife have put the money in a general FD.

 

Then they has to pay the capital gain tax. If the value of the house is available, by indexation after considering the development costs, we have to determine the current value of the house and sale value - expenses incurred for sale = is your long term capital gain

On that, you have to pay 20% + 3% cess need to be paid as tax.

If you have any further querty you can ask me on 9994586481

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
23 July 2026
CA Inter

Vikram Jadhav and Company

Pune

CA Inter

View Details
Company
31 July 2026
Senior Accountant - Bunia, Democratic Republic of Congo

AD GLOBAL LTD

Mumbai

B.Com

View Details
Company
13 July 2026
AVP / VP - PCG Advisory

Workforce Connect

Mumbai

MBA

View Details
Company
Featured 18 July 2026
Senior Manager- Finance & Accounts

apricus india

Ahmedabad

CA

View Details
Company
ARTICLESHIP 16 July 2026
CA Article

Pipara & Co. LLP.

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 23 July 2026
Article

Gianender & Associates

New Delhi

CA Inter

View Details
Company
22 July 2026
Senior Chartered Accountant

SKSS

Patna

CA

View Details
Company
11 July 2026
CA semi qualified

Vakilsearch.com

Chennai

CA Inter

View Details
Follow