Property rec in legal process

531 views 8 replies

Hi all, i have a query about taxation approach in case of property rec in legal process. case of ms x who is is sister of y & z. their father was died & then both brothers taken property in their names by whatever means. then ms x sister filed suit in court & in this legal process she was able to get her share .. now i want to know overall income tax procedure applicable for ms x. how her income will be computed for this particular event.

thanks & regards:

 CA Lokesh Jain

Replies (8)

Now that the property is owned by all three, tax implication begins when the property is sold. Until then there is no real earning from this event. It is only inheritance. 

What would happen in above case, if she is getting  cheques of say rs. 10 lac from her brothers for her share due to sacrifiying her share in property... pls do reply urgently.

If she releases her share in the property in favour of her brothers for a sum, that sum shall be taxable. She will have to prepare a release deed duly stamped and registered. Since she is releasing her right in a capital asset, capital gain will arise. There have been cases where such transfer from a family settlement to avoid any further litigation does not give rise to capital gains, but one cannot bank on these isolated cases. 

I am not sure if TDS u/s 194-ia will be applicable here.

Thanks mihir . as per income tax  “transfer”, in relation to a capital asset, includes, -

 (i)  the sale, exchange or relinquishment of the asset  so its clear if there is relinquishment  then capital gain will be levieble.

 

here are two thing can be emerge. one is of relinquishment and other one is without relinquishment  . what will happen if this is situation of without relinquishment i.e.  she is getting amount in mutual understanding or say in family settlement. 

We can call relinquishment or release, it has the same meaning; she is releasing her right in a capital asset in favour of others. Sometimes the releaser prepares a release deed or can prepare settlement deed, but the content shall have the same substance. She won't release her rights unless the other heirs (more than one) agree to pay some money which why they could make a settlement deed instead of a release deed. If she is releasing her right in property on receipt of a sum, this receipt shall be taxable.  

Will it make any difference or not ,that this right is related to property which is of her parents .can it be taken as gift from parents in inheritance???????????

How can she take a gift from parents in inheritance when she has already received her share as per the decision of the court? The receipt of her share in parent's property is non-taxable. She received her share in the property as per the court ruling which is a inheritance, there is no tax on it.

But when she releases this same share in favour of others, she will be liable to tax. 

Thanks mihir....

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 08 July 2026
Articles

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
ARTICLESHIP 10 July 2026
Article Assistant

N S Gokhale & Co

Thane

CA Inter

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details
Company
ARTICLESHIP 11 July 2026
Article

SNCO

Mumbai

CA Inter

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
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details