LTCG Tax Exemption - 4 yrs old Home Loan

Mohan (Private Employee) (21 Points)

22 November 2022  

Dear Sirs,

I recently sold a plot (bought around 18 yrs back) and gained profit.

I own two flat

- 1st flat - bought around 12 yrs back (on my name) - there is NO home loan

- 2nd flat - bought around 4 yrs back (on my spouse name) - home loan exist and I pay the EMI from my salary

I am the only person earning income in my house.  My spouse don't have income and not submitting IT returns. My plan was to clear part of home loan (on 2nd flat) and minimize the EMI.


1) Can I use my LTCG to clear home loan and claim tax exemption?  Note that sold plot was on my name and I am the EMI payer; my spouse owns the flat.

2) I arrange 'Balance Transfer' of flat home loan within a year (from plot sale date).  I will settle the LTCG towards home loan.  In this scenario, am I eligible to claim LTCG tax exemption?

3) If I sell my flat (that exist on my name), and settle home loan (of flat on my spouse name) - can I claim LTCG tax exemption?

I end-up paying so much interest (for the loan started around 4 yrs back) and now I need to pay LTCG tax.  I am a private employee and salary is the only income for me.

Basically looking to clear home loan with minimum payable tax.

Thanks in advance for your inputs on this.