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VICTOR   01 July 2017

Capital gain

We have a property in Mumbai which is in my sister in law's name if we transfer the property to my name will capital gain applicable and can this transfer be done through gift deed.


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 2 Replies

Arjun Kohli   01 July 2017

The transfer will take place under the Transfer of Property Act.

Modes through which you can transfer:- Sale, Gift, Will, Release, Exchange, etc. etc

So yeah the gift of such property can be made.

Ramesh   01 July 2017

Dear Victor,

 

 transfer of fixed assets, all are not fall under capital assets.hear the term Capital Gain discribed under Section 45 of income tax act 1961, that any profits or gains arising from the transfer of a capital asset effected in the previous year shall be chargeable to tax under the head of income from capital gain.

then here what iam saying is your relative property can transfer with your name or any other throw gift deed or any sale deed(but gift deed is best for stamp duty point of view)or any mode.but under tax point of view if you earned any profit out that capital asset you should pay the tax.


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