banner_ad

Ltcg u/s 54 & rental of flat

Tax queries 671 views 6 replies

I have two parts to te query:

1) My mother has an residential flat that she wants to sell and buy a new one. However the cash realised from the sale of the residential property will not be sufficient to buy a new house and I will have to top it up by taking additional loan. Will my mother get exemption u/s 54 for LTCG only if the new flat is registered in her name or the name of registration does not matter as long as the sale amount is ploughed back into another residential property?

2) Say the new residential property is registered in the name of my mother only although I have taken loan for the property as well (in addition to the sale amount from another residential property sold). In such a case, can I show that I am paying rent to my mother for staying in that house?

 

Replies (6)

1) It is not necessary on whose name the New residendial property is registered.

2)But Assesee need to prove that sales proceeds of old Property was used to buy New House.

3)According to me Loan must be taken by Assessee..

1. new property need not be necessarily registered in your mother's name. it can be on your name also..... 2. if loan is taken on your name, then you cant show that you are paying rent to your mother, even though the property is in your mother's name... if loan is taken on your mother's name, then you loose the benefit of sec 24b and 80c..
therefore it is suggested that... 1. register new property in name as you desire, it doesnt make any diff...... 2. take joint loan for purchase of prop. or only on your name and enjoy benefit of sec 24b and 80c.
Buy the new property in joint name with you and your mother.

Thanks all who responded.

For the new house, financing will be partially from the proceeds of the sale of the old house (ploughed in by mother who had titles to the house sold) and the rest from loans taken by me (as mother does not have income). Since the house is not completely purchased from the loan taken, can't there be an internal agreement to pay mother rent for staying in the house?

[The loan amount taken may even be less than 50% of the price of the new property]

there cant be any such agreement if you are co-borrower of loan.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 02 May 2026
Senior Executive

hitesh chandwani & co

Pune

B.Com

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured ARTICLESHIP 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details