Sales deed execution
Lakshmipathy
(Querist) 27 November 2014
This query is : Resolved
Court has decreed specific performance of sales agreement and has indicated that 1% TDS is to be with held by the buyer. The buyer is insisting on withholding 22% as I am a NRI and doesn't want to wait till I get an exemption or reduction from the IT dept. Since the decree has specified 1% , can he withhol 22% against my wishes.
Secondly the court has specified that the purchasers can be the appellants or their nominees. Belatedly they have added two of their children as additional purchasers. I have objected as the order does not say and or their nominees. Can I do this.
Devajyoti Barman
(Expert) 27 November 2014
When court allows nominees then you can not oppose.
Do not allow withholding of 22%.No one can traverse beyond the decree.
ajay sethi
(Expert) 27 November 2014
if you aggrieved file an appeal .
Shailesh Kr. Shah
(Expert) 27 November 2014
you are well advised by the learned experts.
Anirudh
(Expert) 27 November 2014
I think the buyer knows that you are an NRI and have to go back. Naturally, when he puts this sort of conditions, even if there is any Court order, you will not be able to execute the Sale Deed. If he does not act properly, you will go back without executing the Sale Deed and he will try to bring in Contempt case against you!! That seems to be his game plan.
He cannot deduct more than 1% towards TDS.
If he wants any other members to be added as purchasers, do so, but clearly indicating that as per the request and direction of the buyer, the sale deed is being executed in favour of........
In the meanwhile, you can drop a letter by Speed Post to him saying "that as per Court directions, I am ready to execute the Sale Deed. But, please ensure that you do not effect more than 1% TDS. I will not be able to execute the Sale Deed in case you try to deduct more than 1% towards tax. In that case, you will be responsible for non-execution of the sale deed and not me."
In case he is not ready to restrict the TDS to 1%, you have to move an urgent application before the court seeking clarification/direction.
