Which tax benefits apply on late inherited property transfer sale?

My grandfather purchased a plot from the J&K Government in 1959. In 1970, he gifted the property equally to his three sons. In 2000, my cousin (RD) received his father’s 1/3 share through a registered gift deed. However, the property is still in my grandfather's name. If RD gets the property transferred in 2023 and sells it, will he get indexation benefits?

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Advocate By LEAD INDIA Answered: 21 May 2025

Yes, RD may get indexation benefit for capital gains tax if the property is transferred through a gift deed in 2023 and then sold. However, he will only get cost inflation benefit from the date of transfer (gift), not from the original 1959 cost. A CA or tax lawyer can guide better. For further legal assistance contact us on our helpline number. 
 

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