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lovelyvirmani   25 March 2015

Query with respect to selling of the property

Respected Sir/Madam,

 

This mail is in regard to our ancestor old freehold property in Malviya Nagar, New Delhi owned by our mataji of age 87 years. The property was owned in the year 1970 and today in the year of 2015, the mataji is willing to sell the property to her daughter. After interaction with property consultant they advised either the property can be sold via Sale Deed or via Gift deed.

We are looking forward to seek your advice of which path is advisable while selling the property. Also in the same context we are having following two queries:


1) Sale Deed: The property in year 1970 was valued as Rs 15000. If the same property is sold in the year 2015, then what will be the income tax liability (if any) on mataji?

 2)  Gift Deed: If the property is given to daughter as gift deed, then will there be any tax liability on mataji? Also while making the gift deed, is there any other documentation required from the other legal heirs.

 

Kindly support to share your valuable response.

 

Thanks and Regards///

 

Lovely



Learning

 2 Replies

Jatin Mittal (Corporate Lawyer)     02 April 2015

Hi

I am not able to understand why your mataji is willing to sell the property to her daughter and what purpose will it solve? I would suggest that she should gift the property to her daughter. Your mataji will be assessed for the capital gain only if she is the assessee in the eyes of income tax department and regularly filing the annual tax returns. In case of gift deed, there will be no tax liability on mataji as she ahs not earned any profit and directly transferred the property to her daughter.

For more clarifications, write to me at mittaljets@gmail.com. No charges for the consultation.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     03 May 2015

Sir,

 

Please consult CA Karan Chandna at 9871563826 regarding the tax issue.

Yes so far as gift deed or sale deed is concerned she will not be requiring anybody's consent regarding the same because she is the exclusive owner of the same.

 

Kapil Chandna Adv

9899011450


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