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Amit (cio)     22 September 2014

Converting joint property to sole property

I live in Nashik , Maharashtra. I have a residential apartment  in the name of my Mother alone.

We want to sell this property and invest the capital gain amount in another property.

1. How much time do i have to invest the amount in property to avoid income tax?

2. I have power of attorney of selling the property. So can i sell the property with power attorney and

receive the entire payment in my Name instead of my mother. In that case do i have to pay income tax as

the property was in name of mother.

3. If the payment is in the name of mother then Can we purchase joint property in my name and mothers name of the capital gain amount. In that case what deed has to be made so that my mother transfers her right in my name and the property is in my name in society. Which deed has to be made for converting joint holder to sole holder with minimum Stamp duty and Income tax liability.

 

4. Can we sell Residential apartment  and invest the capital gain in Empty plot for saving income tax

 

 

 

 

 

 



Learning

 2 Replies

Dr J C Vashista (Advocate)     22 September 2014

1. It is one year time to reinvest.

2. POA can sell if there is a covenant in the document, which is to be verified. Being an agent of your mother you can receeive consideration amount but cannot retain with you, which you will have to hand over to the owner/ title holder of the sold property vis-a-vis  it is not your income and tax  liability .

3.  Seek advise//guidance from a local lawyer.

T. Kalaiselvan, Advocate (Advocate)     29 September 2014

It is suggested that you better consult a CA/tax consultant in your locality and proceed as per his advise.

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