Capital gain tax on release deed b/w mother & Daughter holding 50% share each

Kalyan Polisetty (3 Points)

09 February 2025  

Daughter and mother owns flat jointly (50% each) since Feb 2022. Now mother want to release her 50% share to Daughter via RELEASE DEED.

What to know implications of CAPITAL GAINS for "WITH" AND "WITHOUT CONSIDERATION" options.

  1. Will mother has to show any CAPITAL GAINS in both cases ("WITH CONSIDERATION" AND "WITHOUT ANY CONSIDERATION")?
  2. Incase of "WITHOUT ANY CONSIDERATION" - if Daughter sells propery down the line; how CAPITAL GAINS will be calculated for the portion of 50% got from Mother via RELEASE DEED.

 

Details: 

  • Feb 2022 - bought prelaunch property Jointly with 36 Lacs
  • Mar 2025 - Mother is planning RELEASE DEED to Daugter (which has Government value of 80 Lacs - each share of 40 Lacs)
  • Want to know best option in view of CAPITAL GAINS now for mother and during future sale for Daughter.

Please share your valuable adivce to choose the best feasible option.

Thank you in Advance.

Chakravarthi.