Thanks all for the wonderful help this forum provides.
Had a slightly nutty issue - described point wise below.
- 2013 I bought property A jointly with another (registration in 2013) - in possession in 2019
- 2013 I bought property B - solo (registration in 2013) - still not in possession
- both properties are in Maharashtra
- Aug 2024 I have realized large cap gains
Now, given Property A is jointly owned, there are quite a few ITAT decisions across states that even if one had two jointly owned properties, the exemption u/s 54f cannot be denied -
Refer - Deloitte | tax@hand → :Decision of ITAT section here.
Secondly - other ITAT rulings tend to focus on date of possession as ownership of a home, rather than date of registration (which is merely an intent to buy) & since Property B the builder went under, there has been a 12 year delay, possession is due now in Dec 2024.
So given both these circumstances can I still take the capital gains from 2024, put them into a CGAS & invest in a new property C in 2025?
The two property limit caveat is at the time of sale of long term asset (at that point I did not yet have possession of property B).