• Sale of ancestral property

We, 3 siblings just concluded the sharing of our ancestral property (from our mother's name to our names) in Bangalore.
One particular plot was to be sold immediately.
So, we all agreed to transfer this entire plot to the eldest brother and he would share the money with others equally. The sale was concluded within a year of being registered to his name and he shared the sale money with all 3 of us.
Does this sale also fall under long-term capital gain ?
If yes, does it apply for all of us ?
Asked 9 months ago in Capital Gains Tax

- In case of inheritance of the property, period of holding and cost of acquisition in the hands of previous owner is considered while calculating capital gain. Assuming property was purchased by mother more than 24 months back. Sale of share inherited from mother would be considered as LTCG

- Sale of share purchased from brother's would be considered as STCG

 

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Vivek Kumar Arora
CA, Delhi
4950 Answers
1105 Consultations

Yes, the sale qualifies as long-term capital gain (LTCG) because for inherited property, the holding period is considered from when the original owner (your mother) acquired it. If she held it for more than 24 months, it's LTCG, even though it was sold within a year of transferring to your eldest brother's name. The LTCG is applicable only to the eldest brother since he conducted the sale. When he shares the proceeds, it's a gift to you and your other sibling, not subject to capital gains tax for you two. However, specific tax advice should be sought to handle such transactions accurately.

 

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

 

Thank you.

Shubham Goyal

 

 

 

 

Shubham Goyal
CA, Delhi
347 Answers
7 Consultations

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