Query regarding proportionate share U/s 54f

hello, we have sold our ancestral land (owner:- me my sister and father ) and invested sale proceeds in the residential flat and claiming exemption u/s 54F.

All conditions are satisfied for u/s 54F already but problem is, that, my sister and my father invested net sale consideration from sale proceeds in one residential flat and divided the agreement value of the flat by /3 as there was 3 owner for sale proceeds same goes for investment. we have split the agreement value (total value /3) but there was no option to split stamp duty + registration cost as only a one-time payment was needed to send to the revenue dept portal to pay stamp duty charges hence my father made payment.

In this case, what needs to be done, shall I include stamp duty charges + agreement charges in the account of my father and for me and my sister we pay split charges plus extra payment made towards stamp duty against our father to add that shortfall?

for example:- residential flat value is 90 lac. 

Per assese cost is 30 lac 

stamp duty + registration charges were 5lac60k

so per asssesse charges comes @ 31 lac 86K rs 

OR 

I and my sister pay 32lac80k each 

and father paid 5lac60k + his (reduced share of aggremnt value) + 27 lac 20 thousand.

 

Thanks pls reply.

Replies (7)
Quick Summary
This discussion addresses a query regarding claiming capital gains tax exemption under Section 54F when ancestral land, jointly owned, is sold and the proceeds are invested in a residential flat. The main issue is how to proportionately allocate stamp duty and registration charges when one owner makes the full payment. The advice given is to repay the stamp duty and registration charges to the father who made the payment, using a traceable method like NEFT or cheque, and to include this amount in the respective owners' property costs. Previous payments made to the father exceeding the stamp duty amount will also be considered.

You can pay back stamp duty + registration charges to your father and add that in your property cost
Originally posted by : CA Rashmi Gandhi

You can pay back stamp duty + registration charges to your father and add that in your property cost
 

How to pay ?? Via NEFT OR CHEQUE AND MENTION ON BOND PAPER?? 

 

Pay through any mode other than cash i,e UPI/NEFT/IMPS/RTGS/Cheque.

Originally posted by : CA Rashmi Gandhi

Pay through any mode other than cash i,e UPI/NEFT/IMPS/RTGS/Cheque.

In that case , i already paid him some even before paying stamp duty(1-2month earlier ? . Will that count eligible? It's even more than stamp duty. So difference amount i will take back.. 

 

You will consider that amount also.

Originally posted by : CA Rashmi Gandhi

You will consider that amount also

Ok thanks. do we need to execute any notoray on bond paper for such?.

 

No need for that but on safer side you can do so 

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