How to pay stamp duty for joint property purchase

Hello,

My wife and I are planning to buy a property in the holding ratio of 70:30. Now I know that she has to pay 70% of the TDS and I have to pay 30% and generate 2 separate forms. 
 

what about stamp duty? Do we both have to pay the stamp duty separately  from respective accounts in 70 : 30 proportion? For example for 10 lakhs stamp duty, 7 lakhs from her account and 3 lakhs from mine? I want to separately claim 80C deduction for this.

Thank you. 

Replies (11)
Quick Summary
This discussion clarifies how to handle stamp duty payments when purchasing a property jointly with a spouse, particularly concerning different ownership ratios (e.g., 70:30). It explores whether stamp duty needs to be paid proportionally from individual accounts or if one spouse can make the full payment, with subsequent transfers to account for contributions. The advice suggests that while proportional payment from individual accounts is ideal for claiming 80C deductions, alternative methods like one spouse paying and later transferring funds, or using a joint account, are also viable. It's noted that maintaining the agreed ownership ratio in the property agreement is crucial, and stamp duty can often be added to the property's cost if 80C deduction isn't pursued.

If you wish to claim deduction u/s. 80C of the act, better pay it separately from respective accounts...

Thanks for your prompt reply. The builder is insisting on single payment for ease of their CRM system. Can I pay to my wife the 30% and she make the whole payment? Later on if I show the transfer transaction will it be sufficient?

Yes, that can be done...       

If I am not claiming deduction can anyone pay it? If yes

The total contributions for the property has to be maintained in 70:30 ratio. Will this include stamp duty too? 
For example property value is 90 lakhs, stamp duty is 10 lakhs.

Now can my wife pay the whole 10 lakhs stamp duty? I do not claim anything u/s 80C  

Then do I have to pay 30% of 90 lakhs that is 27 lakhs, excluding stamp duty amount to show 30% ownership? Or later during payment against the unit, I have to pay 30 lakhs to make up for my part of the stamp duty amount to claim 30% ownership? So that form the total cost unit + stamp duty, I have paid 30 lakhs even though I did not pay stamp duty individually.

 

Originally posted by : Dhirajlal Rambhia
Yes, that can be done...       

Sir, thanks a lot for your valuable guidance. Now I am thinking what if both of us contribute proportional money by transfer to our joint A/c and pay from there to show clear record of the transaction. Is this a better option? This will be my last question. Thanks again. 

1. Yes that is also good option.

2. Generally, even if ration for stamp-duty or similar miscellaneous expenses are not maintained, then also it will not affect much, as after all it is between husband & wife.

Need to maintain the ration in agreement value, which is more important.

Best of Luck...

Thanks a lot sir for your valuable time..

U R welcome ...                  

Is stamp duty deduction available in 80C..??
It is added to cost of property.....I don't think deduction u/s 80 C available

@ Mr. Shah

Read clause Sec. 80C(2)(xviii)(d) from the attached list....

Alternatively, It can be capitalized to the cost of property.

Ok.......thanks for sharing  the said....I was really anware

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