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rajani (Associate)     06 February 2012

Need information on legal grounds and relating to capital ga

Facts: Mr.X was holder of property.  After his demis Mr. X’s sons Mr. A & Mr.B through a deed agreed that Mrs. X and Mr.X’s daughter Ms. C will be joint holders of HUF property.  The deed also mentions that after Mrs. X her share will be transferred to Mr.A & Mr.B.  Ms.C has sold a piece of land for which she is legal title holder and wants to  take possession of HUF property in a legal wasy.  That is Ms. C wishes to pay half the property value to Mrs.X so that Ms.C can become legal owner of the property.

 

Question:

1. Is it necessary to get the Sale Deed in favour of Ms.C to  be peaceful owner of the property.

2. If sale deed is not necessary what is the other option.

3. As Ms.C has sold her property  what is the best way that she can be legal owner of the property and claim Deduction for Capital Gains as she would be paying to Mrs.X for relinquishing her title over the property.

 



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