one of my client is owner in possession of a residential house . The plot is name of his mother and building on that plot has been consturcted by my client and also been refelcetd/ shown in his return of income since 1993. His mother expired in a2003. There is no will from his mother. My client is also owner of a house plot, which he intends to sell . On sale od this house plot he is going to earn a capital gain of about 25 lacs. Whether he can invest this capital gain on his residential house, title deed of which is in name of her mother . Please cite a case law if any.
CA Narinder Gupta
BA LLB FCA