• Payment of TDS for immovable property

My wife (FIRST OWNER) and me (SECOND OWNER) jointly have booked a plot from a builder for 1 crore. We have also jointly applied for plot loan from bank for the same for 75 lacs. We and bank have paid a total of 60 lakhs rupees to the builder. I have paid 25 lacs as our share to the builder from MY INDIVIDUAL ACCOUNT. and rest money of 35 lakhs has been paid by bank. Of these 65 lakhs I have deducted 0.75% TDS before giving to the builder.
Now my question is while paying TDS whose pan card should used as buyer, as our share of payment has been done from my personal account and my wife is first owner? 

Additional info: Me and my wife are both earning members of the family
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

3 Answers

Your wife is not required to deduct TDS as she is not "responsible for payment" to Seller, in your case amount consideration is to be paid by you so you are only responsible person to deduct TDS. Your wife will remain joint owner irrespective she doesn't make any payment

2) your PAN Card should be used as buyer 

Ajay Sethi
Advocate, Mumbai
97463 Answers
7880 Consultations

Pan of any one of joint owners can be used. There is no requirement of first joint owner or second joint owner using pan of payment of TDS.

Ravi Shinde
Advocate, Hyderabad
4385 Answers
42 Consultations

  1. Deduct tax @ 1% from the sale consideration.
  2. Collect the Permanent Account Number (PAN) of the Seller and verify the same with the Original PAN card.

TDS on property sale is deducted on total consideration irrespective of number of buyers and sellers. and their respective contribution in the property.

All buyers and sellers will fill/receive separate forms/TDS certificates.

T Kalaiselvan
Advocate, Vellore
87665 Answers
2353 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer