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Sunil Barapatre   11 September 2025

Is capital gain tax applicable on sale of property which is transferred to me by will deed.

Sir,

My father made a will deed in my name & my sister's name. We mutated the same property in our joint name on the basis of will deed. Subsequently, we sold that property for Rs.47.00 lakhs which is a market value as land revenue office.

My question is whether capital gain tax is applicable on money received on account of sale of this property. And if applicable, what would be the rate of capital gain tax. Can we bifurcate the tax liability between us.

I will be greatful if you clarify my point raised through this forum.

Thanks...

 



 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     11 September 2025

Long-term capital gain on property sales is taxed at a flat rate of 20% with indexation benefits available.  However, query this in CAclubindia or consult a local CA for better guidance.

T. Kalaiselvan, Advocate (Advocate)     12 September 2025

If the property was held for more than 24 months (2 years) (including your father’s holding period), it will be a Long-Term Capital Asset (LTCA).


Long-Term Capital Gains (LTCG): Taxed at 20% with indexation benefit + 4% cess (effective ~20.8%).


Since the property was mutated in joint names, the sale proceeds will be split between you and your sister in the same proportion as ownership.


Accordingly, each of you will compute your own capital gains separately and pay tax individually.

Dr. J C Vashista (Advocate )     14 September 2025

Capital assets such as land, building and house property shall be considered as Long-Term Capital Asset if the owner holds it for a period of 24 months or more (from FY 2017-18). 

In case an asset is acquired by gift, will, succession or inheritance, the period for which the asset was held by the previous owner is also included in determining whether it’s a short term or a long-term capital asset. 

Taxpayers can get an exemption from long-term capital gain from the sale of house property by investing in up to two house properties. If they invest in two house properties, the capital gain on the sale of house property must not exceed Rs 2 crores.

Consult a local CA for specific question in your case. 


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