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Tax liability on buying a property

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(Querist)
10 May 2019 A U.S based seller/person property I am purchasing through GPA which is on name of his father, what would be TDS % I should deduct, he is asking to mention his Indian resident address on an "agreement to sale" and Sale deed. should I ask to deduct 1% or 22.88% income tax?
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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
10 May 2019 The property is owned by US based seller, the capital gain arises to him. So 22.88% TDS has to be deducted on capital gains. Power of attorney holder can't be considered as owner of the property.
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