Buying share of other brothers and capital gain tax
Dear Sir/Madam,
My father had purchased a flat in a registered co-operative housing society in Mumbai in 1974, using his own funds. We are 3 brothers (no sisters) and I am staying abroad (NRI).
The house is in the joint names of all 3 brothers. We all are married and my brothers are staying elsewhere in Mumbai. My parents are deceased and no one occupies the house.
I am planning to buy the shares of my other two brothers in the house by compensating them and they have agreed to it. For this purpose, I am selling my own house property in Mumbai (purchased in 2003 using my own funds) and planning to utilize the proceeds to compensate my brothers.
Based on the above, please advise on the below issues:
1. Will the buying of shares of my other brothers be considered as "PURCHASE OF NEW HOUSE PROPERTY" under Income Tax Act and can I claim exemption of capital gain from sale of my other owned house property in Mumbai (the transaction with my brothers will be completed within 2 years from date of sale of my own house property).
2. Can I claim exemption of capital gains from sale of my own house property in Mumbai under Section 54 of the Income Tax Act, when I use those funds for compensating my other two brothers.
3. In case I decide to sell the house (acquired by compensating my brothers) in future, please advise the tax implications.
Thanks in advance.