Father Passed away just after sale of property

585 views 3 replies

Hi CA Club India Members

My father sold his property and was planning to buy a new one. Unfortunately, he passed away before he could buy a new apt/house. 

Now, under this untimely incident is there still tax implication because of the property sale, and if so who is responsible to pay it?

Replies (3)
Legal hiers have to make application from ITAX portal.....( as legal hiers) and file return on behalf of deceased

Firstly, my sincere condolences are extended to you on the loss of your father. I pray that his soul rests in peace.

Secondly, the legal heirs of an assessee are responsible for the discharge of income tax liability after his/ her death.

In case of any further queries, kindly mail me at casoravgupta @ gmail.com

Thanks & Regards
CA. Sorav Gupta
(Practicing Chartered Accountant)

Hi

i assume that property sold by your father was a long term capital assets within the meaning of section 2(14) 

although there is tax liability on your father but unfortunately he is no more. 

now there are two ways which are extremly good and legal :

1. now you can buy a residential property and get an exemption u/s 54. 

2. read circular no. 743 dated 06/05/1996. unutilized portion of can not treated as income in the hands of legal heir, 

 

but better you buy a new residential property and get exemption .  

 

 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 27 May 2026
CA Article Trainee

Rahul Dang & Associates-Chartered Accountants

Pune

CA Inter

View Details
Company
22 May 2026
Sr. Financial Analyst - Consolidation

Search Synergy

Mumbai

CA

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details
Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details