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  1. Can I transfer my two flats to my children to claim LTCG tax exemption on buying a third property?

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Can I transfer my two flats to my children to claim LTCG tax exemption on buying a third property?

balwant jain

3 min read | Updated on March 17, 2026, 12:48 IST

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SUMMARY

The exemption under section 54F is available only if the taxpayer does not own more than one residential house on the date of sale of the capital assets

tax exemption on ltcg

Long-term capital gains arising on the sale of shares also qualify for exemption under section 54F. | Image source: Shutterstock

If you already own two houses, you would not be allowed to claim tax exemption on long-term capital gains from selling shares by investing the sale proceeds in a third house. However, you may plan for the tax exemption by transferring one of the houses to your children before selling the shares. Today's Q&A explains this in more detail in response to a reader's query.

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Question: I own two flats in Delhi. Am I entitled to claim Long Term Capital Gains (LTCG) exemption on selling shares if I am utilising the full sale consideration funds for purchasing a new flat? I already own two flats in my name. I have read online that one cannot claim the LTCG tax benefit if s/he owns two flats. Do I need to transfer the flats to my adult children to avail the LTCG tax benefits?

Answer: Section 54F grants exemption to an individual and an HUF from long-term capital gains arising from the sale of a capital asset other than a residential house if the taxpayer uses the sale proceeds for acquiring a residential house property within the prescribed time period.

Long-term capital gains arising on the sale of shares also qualify for exemption under section 54F.

The exemption under section 54F is available only if the taxpayer does not own more than one residential house on the date of sale of the capital assets, except the house with respect to which the exemption is being claimed.

So whatever you have read online is correct, as you cannot claim exemption under section 54F for long-term capital gains arising on the sale of shares, as you already own two residential houses as of today.

Please note that you do not need to transfer both flats.

Since you can claim the exemption under section 54F if you already own one house, you will have to transfer only one flat in the name of your child before you actually sell your shares to be able to claim the exemption on long-term capital gains.

Have a personal finance and income tax query? We will try to get them answered by experts. Write to rajeev.kumar@rksv.in
Disclaimer: The views and opinions expressed above are those of respective experts/commentators and do not reflect the views of Upstox. The above Q&A is only for informational purposes and should not be considered investment or tax advice from Upstox. Please consult a tax expert for your complex tax problems.

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