For resident Indian seller TDS of 1% is applicable only if the property value is more than 50 lakhs. Now anomaly in this rule is that NRI is liable to pay Capital Gain Tax only on the Capital Gain arising out of sale of the property but unfortunately TDS is deducted on the total Sale Value of the property.
Selling of property by NRI is taxable under u/s 195 of the Income Tax Act, 1961.
Long term capital gain tax will be 22.66% if NRI is selling a property in India after holding it for more than 3 years. In case holding period is less than 3 years then Short Term Capital Gain Tax will be applicable as per income tax slab. In case of short term capital gain, TDS applicable will be 33.99% irrespective of tax slab of the NRI.
Buyer will deposit TDS with Income Tax Department. TDS is applicable even if value of property is less than 50 lakhs.
If your country of residence has Double Taxation Avoidance Agreements (DTAA) with Indian government i.e. lower rate of TDS is allowed. NRI need to submit a tax residency certification from the country of his residence. it will certify that you are a tax paying resident in that country and that tax on this income is paid in that country, it ensure no tax leakage for either countries.
The proceeds of sale of property by your father will remain with him. Officially you are not the joint owner hence the amount your father shall give you after selling the property shall be considered as gift to you.
There is no gift tax to be paid however if you want to repatriate this amount then you may have to comply with the RBI guidelines in this regard.