It is always a pleasure to read your articles and answers.

For the first time I have had a query of my own.

My dad and his son-in-law (my brother-in-law) are buying a property worth Rs 3 crores in Gurugram.

The actual payments have been done equally by both of them.

We were advised by our broker that if my mother's name is included in the sale deed, the stamp duty amount will come down to 5% for  1/3rd of the property value (Rs 1 crore) and 7% on the balance 2/3rd (Rs 2 crores). Otherwise, it will be 7% on the entire Rs 3 crores.

Under the circumstances, should my mother too contribute her part of the 1% of the TDS amount that is to be deducted and the 26QB form details subsequently reflected in the sale deed?

If the answer to the above is yes then I have a follow-up the query, with your permission.

For saving on capital gains for my dad, he has to show an investment of Rs 1.2 crores as his share of investment.

Therefore the CA is insisting that out of the Rs 3 lakhs TDS to be deducted, it should be in the ratio of Rs 1.2 lakhs, Rs 30,000 and Rs 1.5 lakhs between my dad, mom and brother-in-law respectively, basically to reflect the overall shareholding of the property.

Now the question is:

a. Is this correct because another CA said it doesn't matter as she has not financially contributed and is a spouse.

As per him, the TDS can just be split 50-50 between my dad and BIL.

b. If it is not so, that is they pay TDS as per their share 1.2:0.3:1.5, how will that impact the stamp duty, which was the reason why we were getting my mother's name in the first place.

Will it be at 5% on one-third and 7% on the balance, basis it's a lady and two gentlemen, or will that benefit of 5% be restricted to her share of Rs 30 lakhs out of Rs 3 crores which is 5% benefit on 10%?

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