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Gagan (xyz)     03 October 2012

Money received from ancestor property to my father

Dear Sir, 

 

My father will going to received some money (white) from his parents (decesead) .

As he is also senior citizen age around 66+.

How can we avoid tax on such amount.

IS it buying of property within one year.

Or

He is undergoing his cancer treatment, can we use that amount against his medication (already spent 8 lacs rupees).

Or

Any other way to avoid tax on the money which will we received through cheque payment.

We are staying in New Delhi.

Thanks.



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 5 Replies

R RAJAGOPALAN (ADVOCATE)     03 October 2012

The given facts:Your  father is going to received some money (white) from his parents (decesead) .

As he is also senior citizen age around 66+.

How can we avoid tax on such amount.

IS it buying of property within one year.

Or

He is undergoing his cancer treatment, can we use that amount against his medication (already spent 8 lacs rupees).

Reply:  On what account is  your father about to receive the money from his deceased parents? Is it as a gift they had made by will or otherwise?

Gagan (xyz)     04 October 2012

Sir, 

 

it is by their will... he is receiving the same...

R RAJAGOPALAN (ADVOCATE)     04 October 2012

Reply: The money your father is receiving from his parents is not chargeable to income tax in your father's hands.

Gagan (xyz)     04 October 2012

Sir, 

I am sorry i am not getting you.

As I said my father will be receiving a money in cheque around 5lacs rupees.(selling of ancestor property in Delhi).

Will it be charged under incometax. as my father is retired MTNL officer.. & he is regular tax paying person too..

We are too confused what to do, some people advice us to invest the same money in property.

Please guide us in brief.

 

Thanking you.

R RAJAGOPALAN (ADVOCATE)     04 October 2012

 

Query: As I said my father will be receiving a money in cheque around 5lacs rupees.(selling of ancestor property in Delhi).

Will it be charged under incometax. as my father is retired MTNL officer.. & he is regular tax paying person too..

We are too confused what to do, some people advice us to invest the same money in property.


 

Reply: If your father is getting the money as a gift from his deceased parents under a will executed by them, the receipt is not taxable under the Income tax Act. It is a tax-free receipt in your father's hands. 

The Capital Gains your father gets on the sale of the property he had inherited under the 'will' of his parents, will be chargeable to tax in his hands. However, its computation requires precise details, such as the date on which his parents had acquired the property, details of the improvements made thereafter, etc.


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