• Property selling

I want to sell my property in Bangalore. party ready to give total amount by cheque/draft, but wants to put guidance value in saledeed, guidance value wise amount 50 percent of total value . it is roughly 50 lakhs rs. i have to get another 50 lakhs by another bank cheque. then how do i handle incometax ?this is first question. next question is can i authorise my friend to sign sale deed by giving power of attorney. i am living in trivandrum
Asked 2 years ago in Property Law
Religion: Hindu

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9 Answers

Execute specific POA in favour of family member to execute sale deed on your behalf 

 

2) if entire amount is being paid by cheque or demand draft full sale consideration should be mentioned in sale  deed 

 

3) don’t agree to mentioning only circle rate in sale deed 

Ajay Sethi
Advocate, Mumbai
94709 Answers
7529 Consultations

5.0 on 5.0

If you take from cheque you need to show it by way of other income as you can't again show same as sake income as you have shown less value. It's better you deal in cash if you want to be secured. Else need to pay tax

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

- If you will receive entire amount by way of cheque , then you will have show the said amount in Sale deed for stamp duty and also in the Income tax.

- Hence, inform his to pay in other ways 

- Further, you can execute a POA in favour of any relative for executing the sale deed in your behalf. 

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

2.  It's advised to give POA to a blood relative and not to a friend, who is a non-blood relative to save adjudication/stamp duty charges.

If POA is given to your friend, then the adjudication/stamp duty charges will be 5% of the value of the property.

Shashidhar S. Sastry
Advocate, Bangalore
5115 Answers
314 Consultations

5.0 on 5.0

Your cost of acquisition of the property will be the value declared on the sale deed, for computation of capital gains in future. You may very well execute a specific PoA in your friend's favour to countersign the sale deed along with the vendor on your behalf.

Swaminathan Neelakantan
Advocate, Coimbatore
2796 Answers
20 Consultations

4.9 on 5.0

1. Understand that you are selling the property at a price higher than the Circle Rate (which you are terming as Guidance Value).

 

2.Even if you show less selling price than the Circle value, the I.Tax department will take I.Tax on the difference of the Circle Value and the sale price.

 

3. In the instant case, you shall have to show the amount of the balance amount as income from other sources to pay the I.Tax thereupon.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You can show the extra income out of ther sale consideration amount as income from other sources in our ITR and can bring it to yor account so that you do not have to be worried about bringing it to white account.

If you are not able to execute the registered sale deed then you may have  give a POA deed registered in favor of the chosen power agent who shall carry out the execution of the sale deed on your behalf.

 

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

Dear client,

 

A power of attorney is not an instrument of transfer in regard to any right, title, or interest in immovable property; however, any genuine transaction carried out through a general power of attorney is considered valid under the law.

A sale deed must necessarily be registered in a sub-registrar’s office. Even if the buyer has paid the full amount upfront to the seller, an unregistered sale deed does not pass ownership to the buyer.

First, you will have to purchase a stamp paper based on the property value. Get a sale deed drafted. Lastly, the buyer, seller, and two witnesses will only be required for the registration of such a sale deed.

 

Thank you. 

Anik Miu
Advocate, Bangalore
8869 Answers
110 Consultations

4.7 on 5.0

Income Tax-related issues can be clarified by a Chartered accountant in Trivandrum. It's possible to sell the Property through General Power of Attorney. However, the Sub-Registrar where the property is registered must be satisfied that the PoA is genuine.

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

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