Sec 54 and TDS on sale of property

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I am holding the Letter of Adminstration ( LOA) of my deceased parents. I am in the process to selling my parents flat. The proceeds will be distributed to my sibling and me. My other siblings are Resident Indians. The sales price is more than Rs. 50L

Question:

  1. Since I am LOA holder, and will be executing the sale, would the TDS be witheld at the NRI rate on the entire amount? or would the TDS be witheld based on each of the legal heirs resident status rate?
  2. We all plan to invest the proceeds under Sec 54, and will be  investing the proceeds in Sec 54EC bonds, so can we file Form 13 so that "no TDS" is witheld at the time of sale.

Thank you in advance.

 

Replies (3)

File form 13 for NO or Lower TDS deduction first then proceed.

Thank you

If I do not file form 13, Since I am LOA holder, and will be executing the sale, would the TDS be witheld at the NRI rate on the entire amount? or would the TDS be witheld based on each of the legal heirs resident status rate?

Totally depends upon the agreement drafted by the purchaser's lawyer.

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