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Srikant ( )     18 July 2013

Capital gain investment

Dear Sir / Madam :

My mother sold a flat and the Long Term capital gains amount (after indexation and incurred sales expenses) is 1.45cr. 

We are 3 brothers. To avoid tax and to invest this CG amount, 2 of the brothers opted to invest their share of the amount (45.2 lacks each) in capital gains tax bonds in my mothers name (with their respective names as nominees). The 3rd brother would like to invest his share of the amount in property. I hv the following questions ...

 

a. Can the property be registered in the name of the 3rd brother with his share of money ?

b. If yes, will CG Tax have to be paid ? who has to pay this tax and how much percentage/amount ?

c. Can the property be bought in the joint names of mother and 3rd brother ? If yes, in the future after our mother passes away, will the 3rd brother automatically become the sole owner of the porperty or will he have to share the property with the other 2 brothers ?

d. What is the best option to invest the share of the 3rd brother which is least complicated and no/least tax payable.

Thank in advance.



Learning

 1 Replies

2BHelpfull (Other)     18 July 2013

if a residential property is purchased fromthe sale consideration within the prescribe time limit deduction from CG tax is available.

 

 the property sold is in name of ur mother then she has to pay the tax.

 

 

Can the property be bought in the joint names of mother and 3rd brother ? If yes, in the future after our mother passes away, will the 3rd brother automatically become the sole owner of the porperty or will he have to share the property with the other 2 brothers

YES.the property can be bought in the joint name.

but after ur Mother demines ur brothers including u  will have a right over ur mother share

 

so it is adviseable to contact some TAX Consultating firm  stating whether it can be bought in ur name alone .


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