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Audry Fernandes (nil)     29 May 2011

Caoital Grains Tax

Our ancestral property came down to us from my great grandmother.  It should have passed on to her children – my grandfather his brother and sisters 7-8 persons.My grandfather had sons and 2 daughters  - all deceased).Some years ago my uncles sold the property w/o anyone’s knowledge since they had the property papers.

The purchaser/builder approached us since he wanted clear rights to the property. However he is not ready to give us a proper sale agreement. He wants all of us to confirm and ratify the earlier agreement. For this, he wants to make separate agreements with each family at my grandfather’s level separately i.e. one each for my grandfathers’  brothers and sisters (7-8 documents)

For my grandfathers daughters families (my mother & aunt are deceased) he wants us to state that “the sisters(my mother & aunt) had orally released their share in favour of their brothers.” “The builder has now  approached  us to record release and relinquishment of our share to perfect his title” “In consideration of confirming the said Deed and for cooperating with him  he will pay is some amount “

He claims this will entitle us to claim benefit of Capital Gains tax. I disagree.

I would appreciate your worthy opinion.

Thank you.



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 2 Replies

Ashutosh Neogi (Service)     30 May 2011

As per Income tax Act relinquishment of right is also transfer and is liable under "Income From Capital Gain". Although there are many provisions to get exemption from such tax liability but for that you have to purchase/construction some new property ( exemption upto the purchase / construction of property within 2/3 years from the date of relinquishment of title or capital gain whichever is lower) or you may deposit such capital gain in a special account with SBI. But mere receipt of consideration for relinquishment of title/ right will not eligible to claim exemption under 'income from capital gain".

1 Like

Audry Fernandes (nil)     30 May 2011

Thank you Mr. Neogi.

You have stated that mere receipt of consideration for relinquishment of title/ right will not eligible to claim exemption under 'income from capital gain".

Could I trouble you further to tell me how I could avail of capital gains benefit "by relinquishment of right"?

 


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