Income tax on sale of property owned by mother

231 views 6 replies

Dear Sir/Madam, 

My mother owns a property (house build on 2200 sqft. of land), Now she has decided to sale this property. She will be getting Rs. 70 Lac approx. Which she is going to distribute in three parts. One for herself, one for me and one for my younger brother. So we will be getting Rs. 23.33 lac each. My question is --

1- Do Capital Gains Tax has to be paid on Rs. 23.33 lac which I will receive ?

2- If yes , how much capital gains tax has to be paid on this amount ? 

3- How this will be calculated ? 

4- What Are the ways to avoid it ?  

Warm Regards

Ritesh Srivastava

 

Replies (6)

Capital gains liability arises over owner of the property, for any capital gains aeeived over transfer.........

Are you owner of the property being sold?

If no, you are not liable to pay any tax.....

Dear Sir, 

         Thanks for your reply. 

For the sake of clarification, this propery is owned by my mother. Now she has decided to sell it and distribute the money in to three parts. For herself, for me and for my younger brother. 

So my question is that --- Will I be liable to pay any capital gain tax on the money received from my mother ?

As you are not owner of the property....... how can capital gain tax liability arise over you?

When she disributes some amount to you both, of course after compliance of any tax liability over it, it will be treated as gift/loan in your hand, which is not taxable.

capital gain Payable on total amount of property after minus cost of acquisition of property
There is no capital gain will arise on your tax if your mother will give you that money as a gift....your mother is counted in your relative so its not taxable at all
but capital gain liability will arise on your mother

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Topics
Loading
Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
06 July 2026
C.A./CA Inter OR pursuing C.A./GST/Accounts/Audit/IT - Head

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
20 June 2026
Assistant Accounts Manager

Fintax Professionals

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details