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As you buy a new Residential, Commercial or LAND these questions will answer all common queries about buying and owing a property in India. Use this guide to acquaint yourself with rules, laws and important information.
Carpet Area: This is the area of the apartment that does not include the area of the walls i.e. the area of the apartment that a carpet can cover.
Built-Up Area: This is the area of the apartment that includes the area covered by the walls.
Super Built-Up Area: This includes the built-up areas such as the lobby, lifts, stairs etc. This term is therefore only applicable for multi-dwelling units, such as flat complexes.
A Lease, defined under Section 105 of The Transfer of Property Act, 1882, is a transfer of the right to enjoy the concerned property for a pre-defined time period or in perpetuity. The lessor (owner of the property) gives the lessee (the one leasing the property) such consideration periodically, usually at the beginning or end of a lease agreement.
License is defined in Section 52 of the Indian Easements Act,1882. License does not allow any interest in the premises on the licensee's part. It merely gives the licensee the right to use and occupy the premises for a limited duration.
A lease deed needs to be stamped and registered. The amount payable towards the lease deed's stamp duty is more than that payable towards the Leave and License's. For a period exceeding three years, the stamp duty is same for both agreements.
There are various implications of entering into a lease agreement such as you have to pay the stamp duty the lease agreement has to be registered etc.
Yes. The RBI may grant permission to a foreign citizen of non-Indian origin/foreign companies if the property is purchased for residential use and the consideration is paid by way of foreign exchange.
NRIs can be defined as:
- Indian citizens who stay in a foreign country for employment
- Indian citizens carrying on their businesses or vocations
- Indian citizens abroad for any other purpose in the circumstances indicating a definite intention to stay outside India for an indefinite period
NRIs can also be:
- Indian citizens working abroad on assignment with foreign governments or international agencies.
- Officials of central and state government and public sector undertakings deputed abroad on temporary assignments or posted to their offices abroad.
- Indians who have settled abroad permanently or gone abroad on immigration Non-resident Indians become residents of India once they come back to India to engage in employment, for carrying on any business or vocation, or for any other purpose indicating a definite intention to stay in India for an indefinite period.
By registering the transaction of an immovable property, it becomes permanent public record. Title or interest can be acquired only if the deed is registered.
If you purchase a new flat within two years of the date of sale of the original flat and invest the entire amount of capital gained into the new flat, you will not have to pay any capital gains tax.
For instance, 70 per cent tenants out of a total of 32 tenants are ready to form a co-operative housing society.
There is no new provision in the new Rent Act regarding the prescribed percentage of tenants willing to form a society.
Approach the Registrar of Co-Operative Societies and file the various relevant documents.
A notice is sent to the tenant, failing which a court case may be filed. It usually takes 10 to 20 years to reach a verdict.
There is no prescribed norm for determining the market rent rate though it can be easily found out by approaching individuals such as brokers, registration authority, etc.
Following documents are required at the time of purchasing the house:-
- Affidavit and declaration
- Affidavit of heirs
- Agreement for assignment
- Agreement for tenancy
- General power of attorney
- Indemnity bond
- Supplemental agreement for tenancy
- Possession certificate
List of documents :-
- Khajana receipt
- Panchayat tax receipt
- KB Record of rights
- Link documents from RS Parcha to current owner
- In case of death of any person , death certificate and heirs certificate
- LR Mouza map
- Copy of Official gazette in respect of acquisition of front land into highway for NH-60
- List of all the present owners / sellers (dag wise) along with current ID proof of each one of them.
- For all ST category raiyats, all details required to be filled up in the Form for obtaining consent.
- Production of originals.
The first step towards buying a property starts from being able to identify the one that suits your needs and fits your budget. However, it is important to select the property depending on following criteria:
|Parameter||Questions to be asked|
|Location Of Site||While choosing the location, you need to keep the following parameters in mind like proximity to the main roads, bus stops, railway lines, transportation services, civic amenities like educational institutions, park, police station, temples, community hall, hospitals, and auditorium within reach.|
|Affordability||Does the location fit your budget?|
|Place of work||How far is the office from the desired location?|
|Market place||Where is the nearest market?|
|School||Where is the nearest school?|
|Public transport||Are buses/trains easily available from the location?|
|Builder||Does the builder have a good reputation in the market?|
|Availability of water and electricity||Is there a steady supply of both?|
|Residential/ commercial||Commercial areas face traffic jams during working hours and level of noise is rather high|
|Hospital/ Medical services||Are they available easily?|
|Society expenses||Is the monthly outgo on the society and maintenance a strain on your budget?|
|Security||Are the security systems in place, like a professional guard or electronic systems?|
|Parking||If you own a vehicle, you will need space to park it|
|Type of ownership||In some areas, property is available only on a power of attorney or "pugree" basis. Getting funding for such properties is a problem|
|Self constructed property (SCP)||SCP is a situation where you buy a plot of land and construct a house there. All banks may not fund such projects.|
In case of a ready / resale property, you need to bear the following additional points in mind while selecting a property
|Parameter||Questions to be asked|
|Chain of title||It is important to have all the proper registered documents from the proposed seller that declares his ownership. These documents are important for you to garner a loan from the bank.|
|Maintenance||Check the internal as well as the external condition of the building|
|Water leakages||A flat with water leakages should be strict no as it adversely impacts the overall condition of the building.|
|Condition of the flat||Is the paint peeling off or concrete crumbling?|
|Neighbours||Grumpy neighbours can make life very unpleasant.|
|Society transfer charges||If they are too high then you need to factor that in your budget.|