Selling plot and capital gains tax

786 views 4 replies

Hi Experts,

My mom has a plot that was purchased in 1988. We wish to sell it due to some financial constraints - hence the proceeds from the sale may not be used for purchasing another property etc. The proceeds of the sale must be ultimately transferred to me for further transactions (I already have a house property in my name).

Hence, is it better (from capital gains tax perspective) to sell the plot and then the money be given as gift to me, or should I transfer the plot in my name as a gift from my mother and then sell it?

Any information on how to handle this is greatly appreciated.

Thanks,

Sanjay.

 

 

 

Replies (4)

It is advisable to sell the plot while your mother is the owner, and the sale proceed can be gifted to you.

Dear Sanjay,

If your mom has any other source of income(excluding this capital gains) exceeding the basic exemption limit applicable to her, both the options you have mentioned are indifferent. But if your mom doesn't have any other source of income(excluding this capital gains) it is better to make her sell it so that to the extent of unexhausted basic exemption limit applicable to her, she will be entitled to a deduction form the capital gains and the balance will be chargeable to tax @ 20%.

Kindly correct me if i am wrong.

Regards,

Prashanth.

Hi Prashant / Mihir,

Thanks for the advice.

Prashant - My mom has no other source of income, so it seems like it will be better that we sell it while the plot is in her name?

Regards,

Sanjay

Yeah Sanjay. I hope ur mom is a senior or very senior citizen on account of which the basic exemption limit will be higher. So if she sells it the entire basic exemption limit is unexhausted and her capital gains will be deducted to that extent. Regards Prashanth.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details