Saving cap gain tax

i want some advice on this case , plz help 

 

so we are living in a residential house since 1980 and now we are selling the house , also we have constructed a new residential house . so acc. to Section 54F of income tax act we are exempt from cap gain tax on the sale of our curr. residential house , right ?

but here the twist comes in , our current residential house is not in my father's name , its registered in the name of my father's bhua (aunt) ... so can we get the curr. house registered in my father's name through a gift deed from my father's bhua in order to avail exemption under Sect.54F ?? 

i mean if my father's bhua gifts my father the resid. house we are living in now , what are the provision regarding this ? will it attract any tax ?

plz reply

Replies (1)

If the residential flat, in which you are currently living, is sold, which is owned by your father's aunt, capital gain will incur to your father's aunt. If the flat is gifted by your father's aunt to your father by a registered gift deed, and then the flat is sold by your father, then capital gain will incur for your father, which can be adjusted with new house construction.

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