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  1. Sold shares and buying a house jointly? Can you still claim Section 54F LTCG tax exemption?

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Sold shares and buying a house jointly? Can you still claim Section 54F LTCG tax exemption?

balwant jain

3 min read | Updated on July 09, 2026, 09:32 IST

SUMMARY

In respect of acquisition of a residential house in India in joint names, the respective joint holders will be eligible to claim the exemption in respect of the ratio in which the cost of the residential house property is met by them respectively.

Section 54F LTCG tax exemption

In respect of acquisition of a residential house in India in joint names, the respective joint holders will be eligible to claim the exemption in respect of the ratio in which the cost of the residential house property is met by them respectively. | Image

If you have made long-term capital gains from selling shares and plan to use the proceeds to buy a house, you may be eligible for a tax exemption under Section 54F of the Income-tax Act. But what happens if the property is bought jointly with another person or if part of the purchase is funded through a home loan?

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Today's Q&A explains such details in response to a query by a reader.

Question: In what proportion will the exemption for Long Term Capital Gains on sale of equities and investment in house property jointly be applicable u/s 54F? Also, in a condition where a bank loan is also used apart from the net sale proceeds from sale of equities, will the exemption be available in respect of home loan taken?
Answer: Under section 54F of the Income Tax Act, 1961 and section 86 of the Income Tax Act, 2025, which corresponds to section 54F of the Income Tax Act, 1961, individuals and HUFs are eligible to claim exemption from long-term capital gains on sale of any capital asset other than a residential house property provided the net sale proceeds from such capital assets are invested or acquiring a residential house in India within prescribed time period.
In respect of acquisition of a residential house in India in joint names, the respective joint holders will be eligible to claim the exemption in respect of the ratio in which the cost of the residential house property is met by them respectively. While computing the respective share of the joint owners in the cost of the house acquired, their share in the home loan shall also be taken into account.

Please note that for claiming the exemption under this section, the same money which is realised on sale of the capital asset doesn't need to be invested. The exact source for making such investment is not relevant. What is relevant is that the amount of the net sale proceeds realised from the sale of such capital asset is invested in acquiring the residential house within the prescribed time period.

This exemption is available only if the taxpayer does not own more than one residential house property on the date of sale of the capital asset. The exemption claimed earlier will get reversed if the taxpayer acquires another residential house within two years or constructs a new house within three years from the date of acquisition of the house in respect of which the exemption is claimed earlier.

In case a new house is transferred within three years from the date of its acquisition, the exemption granted earlier in respect of long-term capital gains gets reversed and taxed as long-term capital gains of the year in which the house is so transferred.
Have a personal finance, mutual fund, or income tax query? We will try to get them answered by experts. Write to sangeeta.ojha@rksv.in
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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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