Question And Answer
Subject: Execution of sale deed by legal heirs of property already sold 35 years ago
Querist: K Desai
Answered by:
Tags: , ,
Date: July 19, 2023
Query asked by K Desai

Would the legal heirs be liable for capital gain tax without receiving any payment & for only executing the sale deed of property already sold & possession held by buyers 35 years ago & payment was realised during sale by the deceased ancestor. What evidence would the heirs require for executing the deed & being exempted for capital gain? Any specified sections/provisions?

File Uploaded: Not Available

It is a well-settled position in law that the date of registration relates back to the date of the execution of the agreement. This has been upheld by the Hon’ble Supreme Court in the case of Gurbax Singh v. Kartar Singh and Others 254 ITR 112 (SC). However, the details of registration will be forwarded by the Registrar to the Income-tax Department and consequences will follow.

Disclaimer: This article is only for general information and is not intended to provide legal advice. Readers desiring legal advice should consult with an experienced professional to understand the current law and how it may apply to the facts of their case. Neither the author nor and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information in this article nor for any actions taken in reliance thereon. No part of this document should be distributed or copied (except for personal, non-commercial use) without express written permission of

Leave a Reply

Your email address will not be published. Required fields are marked *