Capital gain tax on property sold by deceased person
Sandeep (accountant) (21 Points)
03 December 2018Sandeep (accountant) (21 Points)
03 December 2018
SRINIDHI RAMJI
(Student (CA Final))
(59 Points)
Replied 03 December 2018
Hai,
WILL supercedes NOMINATION. Eventhough your father mentioned you as the nominee, WILL prevails and you and your Sister are the joint owners for the amount in the Capital Gains Account. i.e., you and your sister are the owners of half the portion of the amt which your father owned and the rest half belongs to your mom. Now Capital Gains arise on sale of capital asset and not on investing the amount deposited in Capital gains A/c in a house property for which you can claim exemption u/s 54. Therefore you can register yourself as a legal heir and avail exemption u/s 54.
CA Susheel Gupta
(CA, LLB)
(72 Points)
Replied 03 January 2023
Nominees doesn't have any beneficial interest but collect amount as trustees of legal heir.
Brother and sister can buy property jointly in the name of mother out of the money of CG account.
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