banner_ad

Gift deed property vs sale of such property

284 views 6 replies
The Assessee (settlee / donee) has acquired a property in 2011 through a ‘gift deed’ gifted by his mother (settlor / donor) i.e., the previous owner. The settlor has acquired the said property through her ancestral property and by virtue of continuous and uninterrupted possession of the said property since several years.
As per 49(1). COA of the assessee can be taken as COA to the previous owner in case of a gift. However, the year and cost of acquisition of the property by the previous owner i.e., the mother was not given in the deed. How do we proceed.
Replies (6)

As it is ancestral property, take cost as FMV based on circle rate as of 01.04.2001.

Use FMV as on 01.04.2001

the assesse has some property which is taken as the fair market value of the property.

Sir. in my case the gift deed is registered where in the value of the property is arrived and accordingly the stamp duty is paid , so can I take that value as the cost of acquisition?.

If you want to take that as COA, will be acceptable, but you will be looser, as the indexation benefit would reduce. See the Indexes...

2001 -- 100

2011- - 184

2021 -- 317.

Almost 85% more tax liability.

 

Instead of FMV use cost of acquisition and then indexed it


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 15 May 2026
Audit Assistant / Article Trainee / Intern

SSGS and Associates

Chennai

CA Inter

View Details
Company
11 May 2026
CA Dropout

Patron Accounting LLP

Pune

CA Inter

View Details
Company
26 May 2026
Audit executive

vdsr & co LLP

Chennai

CA Inter

View Details
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 15 May 2026
ARTICLE ASSISTANT, TRAINEE AND PAID ASSISTANT

YOGESH KAPOOR AND ASSOCIATES

New Delhi

B.Com

View Details
Company
24 May 2026
Accounts & Tax Executive

PARAS KHURANA AND CO

New Delhi

B.Com

View Details
Company
19 May 2026
Fundraising Expert

MentorsWorld Ventures Private Limited

Ahmedabad

Others

View Details