Does inherited residential property count as to deny exemption us 54f?

Tax planning 1080 views 12 replies

My mother wanted to claim exemption U/s 54F by purchasing new residential house/flat. She has never purchased any residential property under her name but she inherited her materal house( after death of her mother , owner of the house was her mother ) "Rights" (25% share  , rest share is divided equally among her father and two siblings). This property is maternal one and has no interest to self occupy it , her brother and his family now lives there. We can even execute release deed now for income.tax complication

Now coming to clause in section 54F . One should not own more than one house other than new asset to claim deduction. 

Now coming to second point :- our self occupied property was in on our Late father's name. But we didn't completed process of succession to enter our name for the process of mutation. The house is sti on our fathers name 

Will incom tax count her residential property as total no of 2? ( Inherited from materal side and the one which we are residing although it's not on our name but as it is self occupied) and deny the exemption claim us 54f? 

 

 

Replies (12)

No.

As she has no property in her name from which Income from HP is derived.

Sir but she has inherited residential property as stated above. And income from HP is only when she has 2+ house the 3rd one is deemed to be let out I am right. ? For us 54f , there is no clarity whether that 1 house should be purchased or inherited also count as purchased one 

She has rights in the said properties, but she is not co-owner as on the date,

Sir as on date she is co owner in her materal house after death of her mother. Mutation has taken place this year (25%) 

Mutation has taken place in her materal house. But not on self occupied house which was purchased by her husband. i.e. my father. 

 

Even then she is co-owner in only one house property, as on date.

Sec. 54F condition satisfied. But where from the LTCG is arising?

LTCG is arising from transfer of urban agriculture land. Date 9 Oct 2021

Mutation taken place for her maternal house 17-04-2021

For self occupied house we have stopped process of succession via court to include our name for self occupied property. Will that work?

That may not be necessary. She can relinquish her right in favor of other legal heirs.

Absolutely she can sir ,

But on date of transfer of original asset. 8 oct 2021 

She already had her name into her maternal house .

(Mutation date 23-4-2021 of house )

So in this case she only had one house .

Mutation for self occupied house has not taken place yet. 

And for self occupied house she can execute release deed in favour of legal heirs afterwards.

Will that work in the eyes of Income tax officials?

 

No, it is not against any law. The mutation has not taken place. It is her right to accept the inheritance or not.

As on date of sale of the property, she had only one HP in her name.

OK thanks you sir 

As per my understanding, the first step of Income from house property is legal ownership. Since the property is not legally transferee in her name, question of application of any section of HP doesn't arise.


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