Selling a flat, fathers property, small query about tax

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I am staying in an apartment which is in my fathers name. My father expired 20 years ago. I have after that been staying in the same apartment and paying property tax etc in his name. I was issued the legal heirship certificate 20 years ago itself. I would like to now sell the apartment and give my mothers share. We are the only 2 survivors. Mother is about 70 now.

We are planning to sell the apartment and take each ones rightful share. As per law it is 2/3 for the son and 1/3 for the wife.

My Question - People say when i sell the flat almost 25-30% has to be given as capital tax or something. I am self employed. Also not a tax assesee since i dont fall cross the minimum slab. I was also told if i buy another property with this money then i dont have to pay this tax. Also there is some depreciation law and indexing etc since its a very old flat which might exempt me. The opnions seem to confuse me.

What is the actual true fact and what do i have to pay. Also i will only have to pay on my share right ? Also i am planning to only put this money in a bank and use the interest money for monthly survival expenses. Since i dont have any other solid form of reliable income and have not been doing well business wise. If im going to use this only as FD or investment in bank shares etc or something like that.

Can someone guide me how i can retain maximum of the money and put it in bank FDs. The interest i will get from this itself is hardly sufficient to just graze by. Plz help me by giving me your valuable opinions.

Replies (5)

1. Yes indexation benefit  available over sell of house property.......

2. In nutshell, you can save the tax liability, provided you invest (jointly with your mother) about 50% in a residential house (which you can sell after 3 years with appreciation), and rest 50% you can put in FD....... 

Not very beneficial. I mentioned i dont have suffecient funding to invest in things and wait etc. The day i sell my apartment i have expenses. I have to pay rent at a different place to stay. Expenses to run my business and try to recover from my bad situation. Mother is fighting for her share. Why will we get together to invest in another property for no use ?

I just wanted to know after 25 years for such an old building if i sell it will i have to part with a percentage as capital gain. I cant even get basic expenses met with the funds that an FD will generate. So whats the point ?

What is the way to not pay any tax. IM not an assessee either. 5 years ago a relative also sold their flat and got their share of about 15 lacs. Nobody came and asked them what they did with the money. Plz guide me with some simplistic method instead of reinvestments etc.

On this forum expect the legal solution.......... rest is upto you.

The flat was bought for about 2 lacs by my father 30 years ago. The value now is about 70 lacs due to area development. I will get only 35 lacs in this as my share. If the buyer pays my mother to her account and me to my account then i will be liable only on my share right ? This is only fair and legal. Why would i have to pay tax for someone elses share too.

Also for such an old building how much will i have to pay as tax if im receiving only about 35 lacs ?

In whose name the flat stands now? 

Whether name in share certificate got transfered to you both?


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