Capital gains on sale of flat from wife to husband

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 (2)
Quick Summary
A senior citizen is facing a significant capital gains tax liability after his wife sold three flats to him. The property was originally acquired via a development agreement, and the sale deed was necessary due to the builder's involvement in the title. The individual seeks advice on legally avoiding or reducing this tax, especially as no money was exchanged between him and his wife, and questions the validity of the AIS entry.

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.

The capital gains tax liability of ~₹20 lakh arises purely due to the execution of a registered sale deed rather than a gift or release deed (which was restricted due to the builder being on the title). To resolve this, do not ignore the AIS entry; instead, re-compute the LTCG accurately incorporating indexed costs and historical taxes paid, explore eligible reinvestment exemptions (like Section 54F), or consult a chartered accountant to properly disclose the transaction in the ITR to avoid automated scrutiny notices.

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