Hi
My freinds mother solely owns a inherited property , house and land surrounding in Tamil Nadu State for the past 20 years . His father has already predeceased his mother. My freind has 2 sisters . His mother had registered a Will a couple of years back mentioning equal share of the property to all 3 of them .
The building is very old and not in a good condition. Now with cost of maintenace of the house very high the family has decided to dispose of the entire property including land and building .
All the family members are in mutual consent to dispose the property. They would like to divide the proceeds of the sale into 4 equal parts and distribute. 1 part for to be with the mother and 3 equal parts to her children. Further the property practically cannot be partioned and any division will lower the value of the whole property .
The questions are .
1. Does she need to make a settlement deed mentioning division of the proceeds of sale into equal parts before the actual sale of the property.
2. If Settlement deed is made and sold before 3 year does it attract short term capital gains .
3 . Or in case she sells the property and gifts the money to his children , does it attract captial gains and if yes Long or short term and who needs to pay?
Could you advice the best possible solution both as per legal requirement and also for savings on income tax which is as per law and also benficial to all.
Thank you
Regards
