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pankaj (DM)     25 October 2011

Tax on sale of ancestral house

My grandfather and my grandmother both had expired six years ago. My father along with two other brothers make three share of the ancestral house.

recently All three brother sold the house and distributed the amount among themselves. Two brothers have purchased new individual house in their name within three months of sale proceedings.

My father is not willing to purchase any house.

Will he be liable for Capital gains tax. or The amount invested by other two brother can be considered as Capital gains invested in property for tax exemption. In that case Can my father deposite the amount in Bank as fixed deposite.

 

thanks in advance.



Learning

 2 Replies

Sanjeev (Lawyer)     25 October 2011

Each brother will be liable for taxation for his part of share. The amount received would be liable for Long term Capital Gain. The capital gain arising to him can be invested in other modes that are specified like National Highway authority bonds etc. The whole amount received is not taxable neither need to be invested. Only the part of LTCG.


(Guest)

your father can keep the money in bank in "capital gain 1988 account scheme". he will get exemption under section 54 .

actually after selling your residential house, you have 2 choices to get the exemption under section 54. they are;

1] buy new home within 3 years of sale

2] keep in bank in "capital gain 1988 account scheme".

since your father is not willing to buy a home then he will have only second option .

happy diwali


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