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Harpreet Singh (Partner)     17 February 2015

Income tax/ capital gains tax/ gift tax

Respected Sir/s

My father wants to sell a portion of our home where we live i.e my parents, my family, my younger brother's family. He wants to give me that money (recieved from selling that portion) to purchase a new floor for my family in my name. I'll move to that floor & relenquish my share in the old house. The old house is in father's name.

I want to know that will I have to pay any income tax or Capital gains tax on that money recieved with which I'll purchase the new builder floor ? 

If yes then sha'll I tell him to purchase the new floor in his own name & then Gift it to me i.e Gift Deed ? As i will not be in position to pay any income tax, capital gains tax or Gift tax. Will there be any stamp duty payable also on such transfer of money ? 

kindly reply early

with best regards

Harpreet



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     17 February 2015

Dear, Call CA Karan Chandna and discuss regarding the same at 9871563826 .....

Advocate Ravinder (Advocate/Attorney)     18 February 2015

You have to pay long term capital gains.

T. Kalaiselvan, Advocate (Advocate)     20 February 2015

This query may be properly addressed by your auditor or a local tax consultant.  Alternately you can post this query in the CA club where you will get more proper opinions.

Harpreet Singh (Partner)     21 February 2015

Respected Sir/s

thanx a lot for your early reply

Now my father wants to go for family settlement deed as he thinks that after getting the property through gift deed I will ask for more. Even though I'm willing to sign relenquishment deed for rest of the property. I want to know that, is Family settlement deed challangeable ? And what time does it takes to execute a family settlement deed ? One lawyer told me that it takes 1 - 1/2 yrs to get it executed in court. My father also says that he will go for Gift & Relenquishment deed through court only, if he has to eventually,  is that possible ? Is gift deed better option or family settlement deed ? Also in family settlement deed does the actual transfer of title takes place ? Will the property get transfered in my name ? Will I be able to further sell that property to anybody ?

thanx & kind regards


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