Clarification Regarding Capital Gains Tax on Sale of Gifted Property

Tax queries 294 views 5 replies

Hello,
I am seeking a professional advice regarding the computation of capital gains tax in the following matter.

My mother, aged 58, housewife, inherited a plot of land from her late father. Subsequently, her sister undertook the development of a multi-storeyed residential building on that plot. Upon completion, my mother’s sister gifted one of the flats to my mother. As the property was received as a gift, no monetary consideration was paid for the same.

My mother has been in possession of the said flat for approximately 2.5 years and is now considering selling it. The current market valuation of the property is around ₹30 lakhs.

In this context, I would like to understand the following:

  1. How will the capital gains tax be calculated in this scenario?

  2. Will my mother be liable to pay any capital gains tax on the sale?

  3. Are there any exemptions or reliefs available under the Income Tax Act for such a transaction?

Your guidance on the applicable provisions and possible tax implications will be highly appreciated.

Replies (5)

When was the gift deed (from her sister) registered?

Almost 2.5 years back when my mother's sister handed over the flat, then the gift deed was registered.

  1. The capital gain tax over differemcial amount of the current price and the cost value of the flat to her sister(donor)
  2.  Yes, long term capital gain.
  3.  Yes, u/s. 54 & sec. 54EC IT act.

Thank you for your response. The land was originally purchased by my grandfather. Following his demise, the property was inherited jointly by my mother and my aunt. Subsequently, my aunt developed a building on the inherited land and later gifted one of the flats to my mother. In this context, how should the cost of acquisition of the gifted flat be determined for the donor?

All older relevances gets neutrlized/setlled after the final gift deed. The ownership of the flat is based on the gift deed. The cost of the flat as per books of the donor gets transferred to your mother, specifically to arrive at the capital gain when it is sold by your mother.


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