1% TDS on sale of property , two sellers, one buyer

Hello All,

I am trying to purchase a property above 50 lakhs and the property was owned by Husband and Wife. The seller asked us to deposit money only to his Wife's account, and said to pay 1% TDS only on his Wife's PAN. When we asked him as there are two sellers we need to split the TDS and pay on both of their PAN's, he insisted that he can choose in whatever account he wants the TDS to be paid because he is not receiving any money into his account , so only his wife account is only applicable for TDS. Please Experts guide me what to do in this situation. Thank you.

Replies (9)
Quick Summary
This discussion addresses a common query regarding the 1% Tax Deducted at Source (TDS) on property sales when there are two sellers but the buyer is asked to deposit the TDS under a single PAN. Experts advise that TDS must be deducted and paid based on the ownership ratio of the sellers, not solely on the preference of one seller. It's recommended to clearly document this in the sale agreement to ensure compliance and protect the buyer.

Can't do that. you have to do to both of them equally. or as per their ratio of ownership.

Thank you Sharath. 

 

Originally posted by : Sharath chandra

Can't do that. you have to do to both of them equally. or as per their ratio of ownership.

 

Please incorporate this fact in the agreement in that case. So that you are safe.

 

Rgds
CA. Raj Doshi
R C D & Co.
Chartered Accountants
Kandivali West,Mumbai

Thank you Raj.

Originally posted by : CA Raj Doshi

Please incorporate this fact in the agreement in that case. So that you are safe. RgdsCA. Raj DoshiR C D & Co.Chartered AccountantsKandivali West,Mumbai

 

Yes, I agreed to above replies.

Don't do that as per seller's insist.
Pay as per property ownership ratio as per documents...
  • Sale of immovable property under Section 194-IA- It is proposed to amend the amount on which TDS should be deducted. The person buying the property should deduct tax at 1% on the sum paid/credited or the stamp duty value of such property, whichever is higher.

Since your deducting on property, it should create any problems

Dr, property

Cr. seller name

only thing it states is tds at the time of credit or payment which is earlier

 

 

Thank you Raja

 

Originally posted by : RAJA P M

Yes, I agreed to above replies.Don't do that as per seller's insist.Pay as per property ownership ratio as per documents...

 

Sale of immovable property -50 lacs
tds is applicable.
Originally posted by : Sharath chandra
Can't do that. you have to do to both of them equally. or as per their ratio of ownership.

I have conveyed to the seller the same and he talked to his CA. His response was as follows.

The entire amount was paid off by his wife (through her loan and earnings) only. So 1% TDS can be paid only on her wife's name. Can you please advise? Thanks.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
23 July 2026
Senior Accountant

Felicity Adobe LLP

Bengaluru

CA Inter

View Details
Company
23 July 2026
CA Inter

Vikram Jadhav and Company

Pune

CA Inter

View Details
Company
ARTICLESHIP 10 July 2026
Article Assistant

N S Gokhale & Co

Thane

CA Inter

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

G A R U D & Associates

New Delhi

CA Inter

View Details
Company
16 July 2026
Manager - Finance & Accounts

Aliens Group

Hyderabad

CA Final

View Details
Company
06 July 2026
Senior Accountant

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
ARTICLESHIP 17 July 2026
Article Assistant and B.com pass

BANSAL YOGESH AND CO

Gautam Budh Nagar

B.Com

View Details
Company
22 July 2026
Senior Chartered Accountant

SKSS

Patna

CA

View Details
Follow