Capital gains on sale of flat from wife to husband

71 views 1 replies

I am a senior citizen and have been an income tax payer for the last 36 years.

 

My wife purchased a plot in 1999. In 2006, we entered into an unregistered 50:50 development agreement with a builder. The builder constructed six flats. In 2023, three flats (the builder’s share) were registered in his wife’s name through sale deeds executed by my wife and the builder.

 

To transfer those three flats to my name, we could not execute a gift deed because the builder was also a party to the title. Since my wife did not have exclusive ownership of those flats, the only practical option was a sale deed executed by my wife and the builder in my favour. I paid ₹16,32,000 towards stamp duty and registration charges. No money was exchanged between my wife and me.

 

The transaction now appears in my AIS as Sale of Immovable Property, and it seems to result in a capital gains tax liability of around ₹20 lakh.

 

I find it difficult to understand why such a large tax should arise when the property has effectively moved within the family and there was no actual consideration paid.

 

Can anyone advise:

 

  1. Is there any way to legally avoid or reduce this capital gains liability?
  2. What would happen if I simply ignore the AIS entry for the sale of immovable property while filing my return?

 

Any guidance would be greatly appreciated.

Replies (1)

I missed few points. I bought plot with my tax paid amount in the name of my wife. In 2009, When builder handovered flats by giving delivery note, I paid capital gains of Rs 3 lakhs.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
06 July 2026
Accountant

Agarwal Anoop and Associates

Noida

CA Final

View Details
Company
23 July 2026
Senior Accountant

Felicity Adobe LLP

Bengaluru

CA Inter

View Details
Company
21 July 2026
Chartered Accountant

Keshri & Associates

Thiruvananthapuram

CA

View Details
Company
ARTICLESHIP 11 July 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 17 July 2026
Article Assistant and B.com pass

BANSAL YOGESH AND CO

Gautam Budh Nagar

B.Com

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

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

apricus india

Ahmedabad

CA

View Details