How is capital gain calculated when I sell a property I inherited?

Short answerYou use the original owner’s cost, not the value when you inherited it. Your capital gain is the sale price minus the previous owner’s cost of acquisition (or its fair value as on 1 April 2001, if bought earlier), and the holding period includes theirs — so the gain is almost always long-term.

Cost steps into the previous owner's shoes

When you sell inherited property, your cost of acquisition is what the person you inherited from paid for it — not its value on the date of inheritance. If they acquired it before 1 April 2001, you may instead use its fair market value as on 1 April 2001. Inheriting itself is not taxed; only the sale is.

Holding period and rate

The holding period includes the previous owner’s, so an inherited property is nearly always a long-term asset — taxed at 12.5% for transfers from 23 July 2024. The indexation/12.5% options changed in 2024 — confirm which applies to your sale.

A worked example

Example: your father bought a flat in 1995 for ₹8 lakh; you inherit it in 2018 and sell in 2026 for ₹1.2 crore. Your cost is the 1 April 2001 fair value of the flat (say ₹15 lakh), and the gain is computed from there as long-term. The buyer still deducts Section 195 TDS, and you can cut it with a Section 197 certificate and save tax under Section 54/54EC. One document worth keeping is proof of the original owner’s purchase (or its 2001 value) — without it, establishing your cost of acquisition years later is difficult, and a higher assessed gain means more tax. Our NRI property service can compute and plan it.

Talk to CA Vijay R Singh

Selling an inherited property and unsure of the gain? You can message him directly, or book a short call to talk through your situation.

This answer is general information for NRIs, not tax advice. Tax rates, thresholds and forms change with each Finance Act — please confirm the current position for your own facts, or speak to us, before acting.

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