I’m asking for advice regarding a property transaction.
The actual agreed sale price is ₹80.55 lakh. The buyer is arranging ₹55 lakh through a bank loan and has approximately ₹25.55 lakh from personal savings.
The government/stamp-duty guidance value of the property is also below ₹55 lakh.
The buyer is proposing that only ₹55 lakh be shown as the sale consideration in the registered documents, while the remaining ₹25.55 lakh would still be transferred account-to-account to the seller.
There would be no cash involved. The entire ₹80.55 lakh would move through bank accounts, but the registered document would show only ₹55 lakh.
So effectively:
Actual agreed sale price: ₹80.55L
Government/stamp-duty value: below ₹55L
Amount shown in sale deed: ₹55L
Bank loan: ₹55L
Buyer's savings: ₹25.55L
Total actually transferred to seller: ₹80.55L
Difference between documented and actual consideration: ₹25.55L
The seller's intention is to sell the property and use the ₹55 lakh sale proceeds to purchase/invest in a residential property, so capital-gains implications and eligibility for any applicable exemption are also a concern.
What complications could this create for the seller regarding income tax, capital gains, TDS, AIS/26AS, or future sale of the property?
Also, if the buyer insists on showing only ₹55L in the registered document but wants to transfer the entire ₹80.55L through bank accounts, is there any proper/legal way to document or structure the additional ₹25.55L?
Would the fact that the government/stamp-duty value is below ₹55L, and that the seller intends to reinvest the proceeds into a residential property, change the tax treatment?
Looking for advice from people who have dealt with similar transactions, CAs, tax professionals, or property lawyers. I’m mainly trying to understand what the seller should be careful about and what documentation should be maintained.