• Property sale

Hello, My Mother is selling her property and is agriculture land worth 7 crores. She has a buyer, and the buyer is ready to buy the property and transfer the amount to my mother's bank account. What is the process for selling this property and any traps that I need to careful about while selling? Please help.
Asked 11 months ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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16 Answers

You need to execute a registered sale deed in the said matter 

Prashant Nayak
Advocate, Mumbai
34577 Answers
249 Consultations

I presume that your mother is going to receive the sale consideration mentioned by you by cheque 

 

the sale, consideration should not be less than the circle rate of the property

 

Registered sake deed to be executed by your mother and full consideration received by her at the time of registration of sale deed

Ajay Sethi
Advocate, Mumbai
99863 Answers
8148 Consultations

1. Your mother has to obtain the buyer's Aadhar Card, PAN Card details.

2.  She has to enter into an Agreement of Sale with all the clauses to protect her interest..

3.  Let your mother hire a Lawyer who is conversant with the property laws.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

If your mother is the absolute owner of the property now she's desirous of selling then she can sell the property directly by executing a registered sale deed in favour of the buyer.

She should ensure the receipt of sale consideration amount (particularly the encashment of cheque b)efore signing the registered document 

T Kalaiselvan
Advocate, Vellore
90065 Answers
2499 Consultations

  1. Income from agricultural land is exempt u/s 10(1) and needs to be disclosed in Schedule EI of ITR. 
  2. Tax Deducted at Source (TDS) at 1% should be deducted on the sale or purchase of transactions involving the sale of property where the transaction value exceeds Rs.50 Lakhs. 
  3. If the land is Urban Agricultural Land it is a capital asset, and the sale of such assets needs to be disclosed in Schedule CG in ITR. You can reduce the Indexed cost of acquisition and improvement from such sale value. You can also claim exemption u/s 54B, 54EC and 54F on the sale of Urban Agricultural Land

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

  1. Verify Ownership: Ensure the title deed is clear and get an Encumbrance Certificate (EC) to confirm no disputes or liens.

  2. Draft Sale Agreement: Include property details, sale price, payment terms, and timeline. Get it notarized.

  3. Check Buyer Eligibility: Confirm the buyer is eligible to purchase agricultural land as per state laws.

  4. Register Sale: Draft the Sale Deed, pay applicable stamp duty, and register at the Sub-Registrar's office.

  5. Handle Payment Safely: Accept full payment through bank transfer only; avoid cash transactions.

  6. Tax Implications:


    • Rural Land: No capital gains tax.

    • Urban Land: Tax applies, but exemptions are available under Sections 54B or 54EC.

  7. Precautions:

    • Verify the buyer’s identity and financial background.
    • Avoid signing blank documents.
    • Don’t hand over possession until full payment and registration are done.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2124 Answers
16 Consultations

Just ensure you are getting your property's worth 

Yusuf Rampurawala
Advocate, Mumbai
7903 Answers
79 Consultations

The sale deed needs to be vetted by a competent advocate. The sale consideration should be received on or before the sale deed is signed by your mother and registered.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

To sell agricultural land worth ₹7 crores, your mother should first verify clear ownership by obtaining updated land revenue records and an Encumbrance Certificate (EC) to ensure no encumbrances. The Sale Agreement should clearly detail the price, payment terms, property description, and penalty clauses, and it should be notarised and signed. Payments should be made via banking channels, with the buyer deducting 1% TDS as per Section 194-IA of the Income Tax Act. The Sale Deed must be executed and registered at the Sub-Registrar’s office, with stamp duty and registration fees paid by the buyer. Avoid undervaluing the property in the Sale Deed, accept no cash payments, and settle all encumbrances beforehand. To mitigate tax liability, consider exemptions like Section 54EC bonds or reinvestment options. Engage an experienced lawyer to oversee documentation, ensure compliance, and safeguard against potential fraud or legal complications.

Aman Verma
Advocate, Delhi
504 Answers

1. Where does the said property located?

 

2. If in your State, only agriculturists can buy the agricultural property, then your mother shall have to sell it to the person so legally authorised to by her said property. 

 

3. Care shall have to be taken while drafting the sale deed and setting the payment terms to secure the payment.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

Sale consideration should come from his wife account  only 

 

refuse to agree for sale consideration coming from husband account 

 

 

Ajay Sethi
Advocate, Mumbai
99863 Answers
8148 Consultations

A husband can legally pay money to purchase a property in his wife's name; however, it's important to document the transaction properly as a gift to avoid potential legal complications regarding ownership and tax implications, especially if the intention is to avoid tax liabilities by putting the property in her name. 

In some cases, if the husband's intention is to hide ownership of the property for tax evasion, it could be considered a "benami" transaction, which is illegal

In certain jurisdictions, purchasing a property in the name of a wife can result in tax benefits for the couple. For example, if the wife has a lower income than the husband, registering the property in her name may allow the couple to take advantage of lower tax brackets or deductions.

However you can insist the husband to transfer the amount to her account and she can pay the consideration amount by a cheque from her bank account to avoid any problems that you apprehend, though there is no legal hassle by this arrangement of husband from his account to purchase immovable property on the name of his  wife 

T Kalaiselvan
Advocate, Vellore
90065 Answers
2499 Consultations

1. Does the sale amount transferred to my mother’s account need to come from the buyer’s wife’s account if the property is to be registered in her name?

  • No, the payment does not necessarily need to come from the buyer’s wife’s account. It is legally acceptable for the buyer to make the payment from his account while registering the property in his wife’s name. However, it is important to document this clearly in the Sale Deed to ensure transparency and avoid any future disputes.

2. Is it legally acceptable for the money to come from the buyer’s account while registering the property under his wife’s name? Could this lead to legal issues?

  • Yes, it is legally acceptable. To avoid any legal complications, consider the following steps:


    1. Clear Documentation: The Sale Deed should explicitly state:

      • The payment is being made by the buyer (husband).
      • The property is being registered in the wife’s name as per their mutual understanding.


    2. Declaration by the Buyer: The buyer should provide a written declaration (on stamp paper, notarized if possible) stating that he is making the payment and voluntarily registering the property in his wife’s name.

    3. Full Payment Before Registration: Ensure the full payment is received in your mother’s account before the property is registered. Avoid any reliance on post-dated cheques or promises of future payments.

Additional Precautions:


  • Source of Funds: Ensure the source of funds is legitimate, traceable, and comes via bank transfer to your mother’s account.

  • No Blank Documents: Never sign any blank documents.

  • Possession Only After Registration: Handover of possession should only happen after the full payment and registration are complete.

By following these steps, you can safeguard your mother’s interests and avoid future complications.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

 

Shubham Goyal
Advocate, Delhi
2124 Answers
16 Consultations

1. Ordinarily, the sale deed should be registered in favour of the person who pays the consideration amount in case it is one buyer. Along with the said payer of the consideration, the name of his wife can be added as joint buyer.

 

2. You shall have to draft the sale deed carefully mentioning clearly that the said payer is buying the property in his wife's name and in that case he should be added as the consenting party.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

He can transfer from his account also you can mention the same in your deed

Prashant Nayak
Advocate, Mumbai
34577 Answers
249 Consultations

- If your mother is the owner of the said property , then legally she has right to sell the same  and to receive the consideration amount from the purchaser. 

1. She can get the amount from the purchasers wife account for the Tax purposes 

2. He can give a declaration to your mother that the amount is being paid by him on behalf of the purchaser of the property i.e.. his wife. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

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