Advocate Suyash Jadhav
Practice Areas
Criminal
Family, Domestic Violence
Civil
Property
Courts
- Bombay High Court
- District Consumer Disputes Redressal Forum, Akola
- District Court, Ratnagiri
- Judicial Magistrate First Class Court, Vasai
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Questions Answered by Advocate Suyash Jadhav
Q: Need Help with CG Exemption on Property Sale & Purchase with co-owner
Recently my mother sold her residential property & received 1cr as sale proceeds. Now, my mother & I are jointly buying an under construction flat. The total cost of the flat is 1.35cr (Agreement Value+GST+SDR). The registered Agreement for Sale does not specify any ownership/contribution ratio. If my mother contributes 1cr from her sale proceeds and I contribute the remaining 35 lakhs through a home loan, will her entire contribution be considered for CG exemption or will it be limited to 50%?
Advocate Suyash Jadhav answered
Your mother may claim capital gains exemption under Section 54 of the Income-tax Act, 1961 (corresponding provision under the Income-tax Act, 2025), provided the property sold was a long-term residential property and the statutory conditions are fulfilled.The exemption is not automatically restricted to 50% merely because the newly purchased flat is jointly owned. If your mother contributes ₹1 crore from her sale proceeds and you contribute ₹35 lakh through a home loan, she may claim exemption to the extent of her eligible investment, subject to the actual long-term capital gain.However, the ownership and contribution ratio should be clearly documented. The absence of an ownership ratio in the registered Agreement for Sale may create difficulties in establishing your mother’s beneficial ownership and investment.I recommend obtaining a supplementary agreement or written confirmation from the developer specifying the respective ownership shares and contributions. Preserve bank statements, payment receipts and loan disbursement records as supporting evidence.Please note that exemption is calculated on the eligible capital gain, not automatically on the entire sale consideration. The applicable purchase/construction deadlines and other statutory conditions must also be satisfied.
Frequently Asked Questions about Advocate Suyash Jadhav
Can Advocate Suyash Jadhav represent me in court?
Yes, Advocate Suyash Jadhav can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate Suyash Jadhav?
When you meet with Advocate Suyash Jadhav for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate Suyash Jadhav?
Before your initial consultation with Advocate Suyash Jadhav, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Suyash Jadhav?
During your initial consultation with Advocate Suyash Jadhav, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate Suyash Jadhav?
It is important to communicate with Advocate Suyash Jadhav regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate Suyash Jadhav?
The cost of hiring Advocate Suyash Jadhav can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.
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