You will not get any tax benefit by adopting such mode of transfer. 

In income tax parlance any gain from property transferred to other spouse without adequate consideration shall be deemed to be the income of the transferor spouse. In other words your income from such property shall be clubbed with your husband income. 

Investment to be made within two years. 

Use entire sale proceeds to buy a house property within 2 years or Construct one house within 3 years. NO gift deed required. Property in joint name, mean half share each. Husband can purchase house in your name or contribute in your purchase in your name.

Both parties involvement as a seller is must to execute sale or either of you can execute POA to authorize other to act on her/his behalf.

If not able to purchase/construct the house, more ways out to save LTCG.

1. You can reinvest the entire sales proceeds in another residential property and it to be done within a 2-year time frame or sale proceeds can also be used to construct another residential property within three years, but the investment needs to be done in joint name only otherwise your husband will have to pay capital gain. 

2. No. It would not be required to sell the property. If you get a gift deed executed, it will attract heavy stamp duty.

3. Yes. your husband can execute a power of attorney which needs to be mandatorily registered in the presence of witnesses to do the sale formalities. Formats are not made available here. 

4. 2years/ 3 years. Read point 1 and 2.

If the property is joint you will require a gift deed,NOC, or relinquishment deed for your share and later he can execute a sale deed. The said funds in form of capital gain can be invested in buying a new property or can be invested in capital gain bonds as the case may be

We are having a joint property on my Husband's name and my name. 


We want to sell this property and invest the full amount in another property only on my name.

1.Please advise the procedure to be adopted to avoid all tax implications, if any.
IF THE PROPERTY IS A LONG TERM ASSET THEN ON THE SALE PROCEEDS EARNED, YOU WILL BE LIABLE TO PAY CAPITAL GAINS TAX, UNLESS THE CAPITAL GAINS IS INVESTED IN PURCHASE OF A RESIDENTIAL HOUSE U/S 54 OF INCOME TAX ACT AS PER THE PROCEDURE LAID DOWN THEREIN

2.Is a gift deed to be signed in my favor and registered prior to sale of property? If yes, please advise the format to be used.

IF YOUR HUSBAND DOES A GIFT DEED OF HIS 50% SHARE IN YOUR NAME, AND LATER ON YOU PROCEED TO SELL THE ENTIRE PROPERTY, THEN YOU WILL INCUR SHORT TERM CAPITAL GAINS TAX ON THE 50% SO GIFTED AND LONG TERM CAPITAL GAINS TAX ON SALE OF YOUR ORIGINAL 50%. SO YOU WONT GET ENTIRE TAX BENEFIT. THE PROPER COURSE IN SUCH A CASE WOULD BE TO KEEP THE CURRENT PROPERTY IN JOINT NAMES AND SELL IT AS IT IS AND PURCHASE THE NEW PROPERTY ALSO IN JOINT NAMES SO AS TO AVAIL THE S.54 INCOME TAX BENEFIT. LATER ON YOUR HUSBAND CAN TRANSFER HIS 50% IN THE NEW PROPERTY IN YOUR NAME BY DOING A GIFT DEED. NOT POSSIBLE TO PROVIDE FORMAT OF GIFT DEED ON MERE RS. 500/- WHICH YOU PAY TO THE PLATFORM OUT OF WHICH THE ANSWERING LAWYERS ARE PAID PITTANCE. SO YOU ARE ADVISED TO APPROACH A COMPETENT LAWYER WHO CAN DRAFT THE GIFT DEED FOR YOU

3.Can a power of attorney be issued by my Husband in my favor so that I can carry out all the sale transactions independently? If yes, please advise the format to be used. The property is in Pune, Maharashtra.

IF YOUR HUSBAND IS NOT AVAILABLE FOR COMPLETING THE SALE TRANSACTION THEN A POWER OF ATTORNEY CAN BE TAKEN. HOWEVER IF SUCH POA CONTAINS A POWER TO SELL CLAUSE THEN IT WILL HAVE TO BE COMPULSORILY STAMPED AND REGISTERED. SO I SUGGEST THAT YOUR HUSBAND SIGN THE SALE AGREEMENT AND FOR THE REGISTRATION FORMALITIES HE CAN GIVE YOU A PRESENTATION POA. AGAIN NOT POSSIBLE TO PROVIDE A FORMAT OF THE REQUIRED POA GIVEN THAT YOU HAVE PAID ONLY RS. 500 TO THE PLATFORM OUT OF WHICH THE ANSWERING LAWYERS CANNOT BE EXPECTED TO GO OUT OF THEIR WAY AND PROVIDE YOU READYMADE FORMATS. 

4.Within how much time we have to re-invest the sale proceeds?
if you are buying a new house then it has to be done within 2 years of date of transfer of old house and in case you are constructing a new house then it has to be done within 3 years of date of transfer of old house

wife can execute gift deed in your favour 

2) it should be duly stamped and registered 

3) you would be then absolute owner of property 

4) no ready made format . get it drafted by local lawyer

5) in alternative your wife can execute POA in your favour  to sell the property 

6) get SPA drafted by lawyer 

Your husband need to sign relinquishment deed in your favour for transferring his share on your name.

No need to get POA your husband is available to sign the sales deed. 

You need to reinvest the money within two years to avoid capital gain tax.

1. See if all the amount is invested in your name then also you can save the capital gain tax.

2. See gift deed is not required you both can sale property and can from amount revive new house property in given time line as per section 54 of the income tax act. 

There are decision of high court that clearly state that invest from sale of property can be made in favor of wife , children or close relative. 

3. See you can engage an advocate to draft poa.

4. 2 year in case of flat or constructed property , 3 years if you are constructing the house. 

your husband can executed registered gift deed in your favour. for format please consult local property lawyer. Poa can be issue in your favour. Unregistered Power of Attorney is invalid for execution of sale deed. Execute Registered  POA. 

1.  Under section 54F, you can claim exemption  by buying the property on your name alone.

2. Not necessary, she can execute a joint sale deed along with you to sell this property which is owned jointly.

3. If your husband is not available for the execution of registered sale deed then you may get a power of attorney deed executed in yor favor from him, which should be a registered document, and then you can sell the property on his behalf too.

4. Within two years.