Long term capital gains

I came across a case. A person inherited a residential house from her father through a will (will was dated Dec 1965). 

In 2016, she sold the property. From the sale consideration, half of the amount was invested in a new residential house (new house is registered in her son's name). Balance amount, they have kept in fixed deposits. Now, the queries are:

1. Cost to previous owner not known - So what is the way forward;

2. Can the new house registered in son's name qualify for deduction.

Thanks

Pavan

Replies (3)

1. Valuation by Approved valuer as on 01.04.1981.

2. As per plain reading of the act........... No.

But search out for any case law in favour.....

fair market value as on 01.04.81 or cost to the previous owner whichever is more will be considered as COA and accordingly indexed and LTCG wud be calculated.
please note that the entire Capital Gains arising on transfer of capital gains needs to be invested in the new residential house. you can't invest it in any other mode else LTCG tax wud be payable @ 20%. if u want you can invest the. balance capital gains remaining in NHAI bonds upto 50 lacs only
as per law of inheritance after the death of the assessee the property gets devolved on the immediate legal heirs. since you are the immediate legal heir of your father property needs to be registered in your name only and not in your sons name else you won't get the tax benefit

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 01 September 2026
Article Assistant

SGNG & Associates

New Delhi

CA Inter

View Details
Company
Featured 19 August 2026
Chartered Accountant

apricus india

Pune

CA

View Details
Company
28 August 2026
Assistant Manager

NRS AND ASSOCIATES

Kozhikode

CA Inter

View Details
Company
17 August 2026
Chartered Accountant with US GAAP Experience

Austin Med Solutions Pvt Ltd

Bengaluru

CA

View Details
Company
ARTICLESHIP 24 August 2026
Article Assistant

M/s.S.G.Salecha & Co.

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 14 August 2026
Article Assistant

N J Suresh & Associates

Bengaluru

CA Inter

View Details
Company
21 August 2026
Accountant

A G International

Kolkata

B.Com

View Details
Company
19 August 2026
Chartered Accountant - Financial Consolidation & Reporting

Synergy Keystone

Mumbai

CA

View Details