AV (Graduate) 15 July 2024
we are selling a property govt value 50 lakhs , 2 legal heirs , should we both take half and half amount DD ie equal distribution one 25 lakh DD and another 25 lakh DD or is it legal for me to take 35 lakh DD and 15 lakh DD for my brother from buyers because my brother enjoyed the property for 30 yrs and took my share of rents also . So unequal DDs okay or not at the time of registration of property
kavksatyanarayana (subregistrar/supdt.(retired)) 15 July 2024
It is your mutual understanding. Not a legal issue.
T. Kalaiselvan, Advocate (Advocate) 16 July 2024
You cannot decide about taking a major share in the sale consideration amount on your own for reasons you rely upon.
This should be decided on mutual terms between you both.
AV (Graduate) 16 July 2024
Yes sir he is okay to take that amount then it's okay to take separate DDs and mention them in sale deed right sir , we have mutually agreed to take the respective unequal amounts but this doubt is raised I consulted a CA before who told that 2 legal heirs should take equal DDs irrespective of any reason and any mutual understanding and pay equal tax to govt , that's why I got the doubt sir thank you for clarifying sir
T. Kalaiselvan, Advocate (Advocate) 16 July 2024
The court or nobody can question the improper distribution of consideration amount if that was mutually agreed between the shareholders.
However you can get it reduced to writing and duly notarized to take care of future disputes, if any.
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