Capital gain - ancestral property
Seema (---) (38 Points)
23 May 2016Seema (---) (38 Points)
23 May 2016
anonymous
(student)
(750 Points)
Replied 23 May 2016
1. the whole amount will be taxable in your hands since you received it. and moreover, there is no legal documentation about your siblings relinquishing their rights.
2, 3 and 4 are N.A. in your case.
5. yes you can pay the loan and claim benefit under section 54.
6. if you dont know the exact amount, please estimate the same or else approach an estate agent in your area who might help you out. the last option is to approach the valuation expert
Mohan
(Audit Assisstant & Accounts Manager)
(489 Points)
Replied 24 May 2016
Kashyap
(student)
(51 Points)
Replied 24 May 2016
In response to your query, please note the following:
1. All the legal heirs are required to disclose their portion of Capital Gains in their return of Income as you have mentioned that you have jointly sold the property. This is also because there is no documentary evidence of relinquishment of right of their portion of the Capital Asset. For the purpose of Income tax, relinquishment of right attracts levy of Capital Gains. Therefore they will either have to pay Capital Gain tax on transfer of the mentioned property OR on relinquishment of right. If the Income has accrued or arisen in India, they are required to compute and pay tax on the same.
2. In the absence of Power of Attorney, their respective shares are required to be transeferred to their respective bank accounts. In the absence of information I am unable to give response by considering the provisions of representative asessee.
3. This is a matter of tax planning. So, please consult your Chartered Accountant on this matter.
4. They will get the benefit of Basic Exemption limit if their residential status is "Resident" as per Income tax Act.
5. Consideration is to be used for acquiring another house. I am not aware of any case law or circular or notification where the consideration can be used to pay housing loan. Therefore in my personal view, loan repayment benefit cannot be claimed.
6. In addition to the response by 'anonymous', if you have municipal tax receipts of that time, you can estimate its value.
Please consult your Chartered Accountant on this matter before taking decision on my advise.