Long term capital tax exemption - implementation

Case scenario: My father self-acquired an immovable property in 1975 and died intestate in 1995. And as a class 1 heirs (consists of My mother, one elder sister, one elder brother and myself) sold

The property with a consideration of 44,00,000.00 by signing the sale deed.

 

Question 1: Will this sales will attract long capital gain tax. Actually, as per Hindu Succession Act, we inherited but not transferred the property in any one of legal heir’s name being a intestate. How come the gains will arise?

 

Assuming the sale will leads the LTCG and the each of the class 1 heirs (4 members) have an equal share of sales proceeds. To save the tax on gains, each person has to re-invest by buying new property (as the 6 months’ time frame for capital gains bonds exceeded due to various reasons). Practically, with 11,00,000.00 individually cannot buy property in Mumbai. So it was decided that one member use the entire sales proceeds (of part of) to buy and register in his/her name (Registration on single name to avoid future legal consequences).

 

Is the above can be achievable by relinquishing/gifting the other 3 shares to one member. If yes, what are the documents to be prepared.

 

Please advise.

 

Sarath S

Replies (2)

Why you are not buying new property on Joint Name? it's better to buy also a new house property on joint Name and claim the exemption US 54

Hello Mehul,

Thank you for the reply. However, the reason being not buying on joint names is to avoid further legal complications. 

 

is there any way to achive what i mentioned in my original post?


 

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