• Settlement of loan

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?
Asked 5 years ago in Capital Gains Tax

Hi,

 

Yes, she can also add your wife as third co-owner of the flat.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

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.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Yes she can

Vidya Jain
CA, Kolkata
1026 Answers
58 Consultations

Hello,

 

Yes, you and your mother can add your wife as a co-owner to the flat.

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Yes, the exemption will be available if the new house property is acquired with limits as per sec. 54/54F.

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

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 

Divya Chugh
CA, Noida
190 Answers
3 Consultations

Hi

 

Yes, your mother can add your wife as the co-owner.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Yes, your wife can save capital gain taxes claiming exemption under section 54F by contributing to the new purchase of residential house property.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

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.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

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