Hi,
Yes, she can also add your wife as third co-owner of the flat.
My mother is going to buy a residential flat . She wants to make me a co-owner of the said flat. Can she also add my wife as third co-owner of the flat?
If the answer to the above question is yes, can my wife contribute to settlement of the loan on the above property from the sale of her asset attracting capital gains tax, so that she saves her Capital Gains Tax by fully investing the sum in the said property?
Yes, your understanding is correct subject to conditions.
She can claim total tax exemption by using the money she gain from selling any asset (except a house property) to buy a house property, which needs to be bought one year before the sale or two years after thse sale. For under-construction properties, the new property should be ready within three years of the asset’s sale.
Please note that in order to claim exemption, she needs to invest the capital gain amount if a house property is sold. However, in case of sale of a land, entire sales consideration needs to be invested.
Yes, the exemption will be available if the new house property is acquired with limits as per sec. 54/54F.
Dear Sir,
Here is my reply to your query:
Yes, your mother can also add your wife as the third co-owner of the house.
Yes, your wife can invest the sale proceeds from the other house property as her share as a co-owner and save the capital gain tax on it. But in this case there should not be any other house property in the name of your wife (other then the property she is selling and the property is buying as co- owner).
Thanks and Regards
Divya Chugh
Yes, your wife can save capital gain taxes claiming exemption under section 54F by contributing to the new purchase of residential house property.
What is the kind of capital asset she is selling?
Yes she can save capital gain tax if the said asset is a flat or land and if it's a land your wife should not be holding more than 1 flat before that.
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