Legal Question in Real Estate Law in India

Hi

I have a question regarding sale of house property. Is it possible for the title holder (Father ) to sell his house by making the buyer pay the proceeds to himself, Wife and Children. So that the capital gains is taxed among legal heirs rather than the title holder.

Thanks


Asked on 6/15/16, 11:37 pm

1 Answer from Attorneys
Dr Katta Venkata Rama Krishna Drkattavrk

1) LTCG is exempt for an individual or HUF on sale of a residential house property, if such gains (not the whole consideration) is utilised to purchase or construct another residential house or invested in identified securities.

2) The capital gains received in the hands of owner is taxed as per his individual gain, not distributed to other family members.

3) That amounts to Gift and gift tax also is payable beside capital gains tax.

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Answered on 6/15/16, 11:49 pm


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