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Sandbpunekar (Homemaker)     20 August 2017

Gifting capital gain amount to relatives

NRI wants to sale the flat in Pune Maharashtra and donate the amount to relatives( father, mother, brother sister). After the sale of flat another property is required to be purchased within a year or to keep the amount in Capital Gain Account. Can I donate Capital Gain Amount kept with Bank to my above relatives and avoid Gift Tax. Should I execute Gift deed for amount in Capital Gain Account in favour of relatives.


 5 Replies

GANDHI MOHAN BHARATI (Pensioner)     21 August 2017

One cannot avoid capital gains tax by donating the same to relatives

Kapil Chandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 August 2017



Kindly call CA Karan Chandna at (9871563826) for the opinion .... 


Warm Regards 

Kapil Chandna Advocate 





Tax is not an exchangeable commodity. Tax liability cannot be avoided.



I appreciate precise advice of Mr. Jigyasu. Agree with Gandhi Mohan Bharti also.



Sandbpunekar (Homemaker)     23 August 2017

I am thankful to Shri Gandhi Mohan Bharati, Adv. Kapil Chandana, Shri Jigyasu, and Adv. Dingra for valuable reply given on the subject.

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