| Buying
Property |
| |
| For answers
click on the image next to the question
of your choice. |
| |
 |
Which
documents are to be verified
before purchase of a Flat ? |
 |
What
is the difference between built
up area, super built up area,
and carpet area? |
 |
What
are all the important documents
one should check before buying
any property? |
 |
Who is liable
to pay Stamp Duty - the buyer
or the seller ? |
 |
In whose
name are the stamps required
to be purchased ? |
 |
What
is meant by the market value
of the property and is Stamp
Duty payable on the market value
of the property or on consideration
as stated in the agreement ? |
 |
Which
are the instruments that attract
the payment of Stamp Duty ? |
 |
Who
is the appropriate authority
for knowing the market value
of the property ? |
 |
What
are the risks associated in
buying a flat on Power Of Attorney
(POA) basis ? |
 |
Is
a POA revocable ? |
 |
What
exactly do we mean by a Free
Hold flat? What are the advantages
and disadvantages, if any ? |
 |
How
to convert a POA flat into a
Free Hold one ? |
 |
How
to verify the authenticity of
the various documents submitted
by the seller of the house,
particularly with regard to
the possibility that the house
has not been sold earlier to
a third party ? |
 |
Do
we have any agency in Delhi
which can provide a comprehensive
service under one roof for hassle
free purchase of society flats
for its customers ? |
 |
A
flat in a Co-op Hsg. Society
is to be gifted. What are the
legal formalities? What about
stamp duty ? |
 |
Upon
buying a flat from a builder
in a building under construction,
what are the permissions and
papers that one should check
with the builder, so as to ascertain
the genunity of the builder
? |
|
| Q |
Which
documents are to be verified before
purchase of a Flat ? |
| A |
Before
you purchase a flat, you have
to have a title and document
search conducted by a competent
advocate. You cannot do it yourself.
You have to use the services
of a competent advocate. It
is a professional job to be
done with professional assistance. |
| |
Top |
| Q |
What
is the difference between built
up area, super built up area,
and carpet area? |
| A |
Carpet
Area: This is the area of
the apartment/building which
does not include the area of
the walls. Built up Area:
This includes the area of the
walls also Super Built up
Area: This includes the
built up area alongwith the
area under common spaces such
as the lobby, lifts, stairs,
etc. This term is therefore
only applicable in the case
of multi-dwelling units. |
| |
Top |
| Q |
Who
is liable to pay Stamp Duty-the
buyer or the seller? |
| A |
The
liability of paying stamp duty
is that of the buyer unless
there is an agreement to the
contrary. Section 30, of Bombay
Stamp Act, 1958 states the liability
for payment of stamp duty. |
| |
Top |
| Q |
Who
is liable to pay Stamp Duty-the
buyer or the seller? |
| A |
The
liability of paying stamp duty
is that of the buyer unless
there is an agreement to the
contrary. Section 30, of Bombay
Stamp Act, 1958 states the liability
for payment of stamp duty. |
| |
Top |
| Q |
In
whose name are the stamps required
to be purchased ? |
| A |
The
stamps are required to be purchased
in the name of any one of the
executors to the Instrument. |
| |
|
| |
Top |
| Q |
What
is meant by the market value
of the property and is Stamp
Duty payable on the market value
of the property or on consideration
as stated in the agreement ? |
| A |
Market
value means the price at which
a property could be bought in
the open market on the date
of execution of such instrument.
The Stamp Duty is payable on
the agreement value of the property
or the market value which ever
is higher. |
| |
Top |
| Q |
Which
are the instruments that attract
the payment of Stamp Duty ? |
| A |
The
instruments like Agreement to
Sell, Conveyance Deed, Exchange
of property, Gift Deed, Partition
Deed, Power of Attorney, settlement
and Deed and Transfer of lease
attract Stamp Duty on market
value of the property. |
| |
Top |
| Q |
Who
is the appropriate authority
for knowing the market value
of the property ? |
| A |
The
Sub-Registrar of the area, in
whose jurisdiction the property
is located, is the appropriate
authority for knowing the market
value of the property. |
| |
Top |
| Q |
What
are the risks associated in
buying a flat on Power Of Attorney
(POA) basis ? |
| A |
Purchasing
a flat on a POA basis is not
permitted under the law of the
land. |
| |
Top |
| Q |
Is
a POA revocable ? |
| A |
Yes,
a POA can be either revocable
or irrevocable, depending on
what sort of a POA one has made. |
| |
Top |
| Q |
What
exactly do we mean by a Free
Hold flat? What are the advantages
and disadvantages, if any ? |
| A |
A
freehold property (plot or a
flat) is one where there is
a whole and sole owner(s), ownership
is full and unconditional (within
the provisions of the laws of
the land) and there is no lessor
/ lessee involved. |
| |
Top |
| Q |
How
to convert a POA flat into a Free
Hold one ? |
| A |
POA
cannot be converted into anything.
Leasehold properties of DDA
in Delhi can be converted to
freehold, as per provisions. |
| |
Top |
| Q |
How
to verify the authenticity of
the various documents submitted
by the seller of the house,
particularly with regard to
the possibility that the house
has not been sold earlier to
a third party ? |
| A |
Regarding
authenticity of documents, again,
you have to take the help of
an advocate to verify. |
| |
Top |
| Q |
Do
we have any agency in Delhi
which can provide a comprehensive
service under one roof for hassle
free purchase of society flats
for its customers ? |
| A |
Comprehensive
services in the real estate
sector are provided us. In our
portal www.equaterealtors.com
you can find a list of properties
with their details. |
| |
Top |
| Q |
A
flat in a Co-op Hsg. Society
is to be gifted. What are the
legal formalities? What about
stamp duty ? |
| A |
Gift
of an immovable property is
considered as a 'transfer' under
the provisions of the TOP Act
and you have to have the transaction
registered through a Gift Deed
and pay stamp duty as per provisions
of the relevant stamp act depending
in which state the property
is situated. |
| |
Top |
| Q |
Upon
buying a flat from a builder
in a building under construction,
what are the permissions and
papers that one should check
with the builder, so as to ascertain
the genunity of the builder
? |
| A |
When
you are buying a flat from a
builder in a building under
construction, you have to check
the following: |
| |
| 1. |
Approved
plan of the building along
with the number of floors. |
| 2. |
Ensure
that the floor that you
are buying is approved. |
| 3. |
Check
if the land on which the
builder is building is
his or he has undertaken
an agreement with a landlord.
If so, check the title
of the land ownership
with the help of an advocate. |
| 4. |
Check
the building byelaws as
applicable in that area
and ensure that the builder
is building without any
violation of front setback,
side setbacks, height,
etc. |
| 5. |
Check
specifications given in
the agreement to sell
of the sale brochure.
Is he providing the same
actually on the ground
or not |
| 6. |
Check
the reputation of the builder. |
| 7. |
Ensure
that urban land ceiling
NOC (if applicable) has
been obtained or not. |
| 8. |
NOC
from water and electricity
authorities also have
to be obtained. |
| 9. |
NOC
from lift authorities. |
| |
Top |
|
|
| Renting
Property |
| |
| For
answers click on the image next to the
question of your choice. |
| |
 |
Is
there a provision by which a
landlord is bound to spend a
certain percentage towards the
maintenance of his property
?
|
 |
If
a property is kept vacant for
a period of one year, can it
be let out at market rent ? |
 |
How does
one determine the market rent
?
|
 |
How many months
rent can the landlord take as
deposit ? |
 |
In
case a tenant is not protected
by the Rent Act, what is the
procedure to ask him to vacate
and what is the notice period
required to be given ? |
 |
I
had a lease agreement for 6
years for a shop with a built
in escalation clause @ 20% after
3 years. My lease expired on
31.3.2000 and my landlord has
sent a written letter asking
to pay rent at an enhanced rate.
Is this sufficient to continue
my lease or should I enter into
another lease ? If I continue
on the strength of this letter,
are my rights affected ?
|
|
| |
| Q |
Is there
a provision by which a landlord
is bound to spend a certain
percentage towards the maintenance
of his property ? |
| A |
No |
| |
Top |
| Q |
If
a property is kept vacant for
a period of one year, can it
be let out at market rent ? |
| A |
Yes |
| |
Top |
| Q |
How
does one determine the market
rent ? |
| A |
There
is no prescribed manner but
it can be easily found out by
approaching such people as the
brokers, registration authority,
and appropriate authorities
etc. |
| |
Top |
| Q |
How
many months rent can the landlord
take as deposit ? |
| A |
Three
months. |
| |
Top |
| Q |
In
case a tenant is not protected
by the Rent Act, what is the
procedure to ask him to vacate
and what is the notice period
required to be given ? |
| A |
Normal
procedure is to send a notice
to the tenant, failing which
a court case may be filed which
usually takes 10 to 20 years
to reach a verdict. |
| |
Top |
| Q |
I
had a lease agreement for 6
years for a shop with a built
in escalation clause @ 20% after
3 years. My lease expired on
31.3.2000 and my landlord has
sent a written letter asking
to pay rent at an enhanced rate.
Is this sufficient to continue
my lease or should I enter into
another lease ? If I continue
on the strength of this letter,
are my rights affected ? |
| A |
Yes.
It is sufficient but not full
proof. The rights won't be affected
as long as enhanced rent is
paid. It also depends on the
period/tenure prescribed in
the letter. It is always advisable
to make a new agreement with
the landlord. |
| |
Top |
|
| Housing
Loans |
| |
| For
answers click on the image next to the
question of your choice. |
| |
 |
How
much housing loan can one get
? |
 |
What
are the tax benefits that are
available if one avails of housing
loan ? |
 |
What is reducing
balance ? |
 |
Which loan
is cheaper the monthly reducing
balance or the annual reducing
balance ? |
 |
What
is a fixed rate home loan ?
|
 |
What
is a floating interest rate
? |
 |
What
is a home Extension Loan ? |
 |
What
is home Improvement Loan ? |
|
| Q |
How
much housing loan can one get
? |
| A |
Housing
loan will be sanctioned depending
upon your repayment capacity
and according to your income.
Your spouse's income can be
included, if you want to increase
the amount of your loan. The
maximum loan that can be sanctioned
varies with housing finance
companies and ranges from Rs.10
lakh to Rs.1 crore. |
| |
Top |
| Q |
What
are the tax benefits that are
available if one avails of housing
loan ? |
| A |
Tax
benefits are available on both
the principal and interest components
of the loan as per the income
tax act. The upper limit of
the amount of deduction of interest
repayment allowed from your
gross total income is now Rs.
75,000 p.a.. Besides, Sec. 88
offers you tax benefits for
principal repayments. The principal
repayment amount included in
the overall limit of Rs 60,000
offered by this section is Rs
10,000. |
| |
Top |
| Q |
What
is reducing balance ?
|
| A |
Reducing
balance is the method of reducing
the principal amount already
paid, from the outstanding loan
amount. Every time you make
a payment,you pay interest on
that part of the original principal
sum that has remained un-repaid
till then. |
| |
Top |
| Q |
Which
loan is cheaper the monthly reducing
balance or the annual reducing
balance ? |
| A |
The
best way is to compare the EMIs
and the tenures of the two home
loans. The loan carrying the lower
EMI for the same tenure is the
cheaper option. |
| |
Top |
| Q |
What
is a fixed rate home loan ?
|
| A |
A
fixed rate home loan, is a loan
where the interest rate is constant
over the entire tenure of the
loan tenure. |
| |
Top |
| Q |
What
is a floating interest rate
? |
| A |
A
floating interest rate loan,
is a loan where the interest
rate payable is linked to the
market rate like the bank lending
rate. As the bank rate varies,
the interest rate payable by
you will also rise and fall.
Hence you will have to bear
the risk of interest rate fluctuations,
the floating interest rates
offered are slightly lower than
the fixed interest rates. |
| |
Top |
| Q |
What
is a home Extension Loan ? |
| A |
A
home extension loan is a loan
which helps you to meet the
expenses of any alteration like
extension/expansion or modification
of your home. You can avail
of a home extension loan, after
obtaining the requisite approvals
from the municipal corporation. |
| |
|
| Q |
What
is home Improvement Loan ? |
| A |
A
home improvement loan is one
that is made available for you
to do certain external work
like structural repairs, waterproofing
or internal work like tiling
and flooring, plumbing, electrical
work, painting, etc. |
| |
Top |
|
| Tax
Related Matters |
| |
| For
answers click on the image next to the
question of your choice. |
| Income
Tax relating to Transfer of Immovable
Property |
| |
 |
Is
it necessary to obtain any permission,
from the Income Tax authorities
if I want to purchase any immovable
property ? |
 |
Does
the Indian Income Tax Act offers
any special incentive for purchase
of residential property by obtaining
finance either from banks or
other financial institutions
? |
 |
Whether the
benefits attached to a residential
property are also available
to a commercial property ? |
 |
What are the
formalities specified under
the Indian Income Tax Law, if
any, that one has to complete
before or after selling any
house property, commercial or
residential ? |
 |
What
are the tax implications of sale
of any house property, commercial
or residential ?
|
 |
Whether
incidental charges like brokerage,
registration fees, stamp duty
and other charges arising out
of sale of house property deductable
from profit arising on sale
? |
 |
Is
there any way by which I can claim
exemption from tax on capital
gain ? |
|
| Q |
Is
it necessary to obtain any permission,
from the Income Tax authorities
if I want to purchase any immovable
property ? |
| A |
There
is restriction on transfer of
immovable property under Section
269UC of the Income Tax act. |
| |
Top |
| Q |
Does
the Indian Income Tax Act offers
any special incentive for purchase
of residential property by obtaining
finance either from banks or
other financial institutions
? |
| A |
Under
Section 88 of the income tax
you can claim benefit for the
principle repayment, interest
on loan is deductible u/s 24
from income from House Property. |
| |
Top |
| Q |
Whether
the benefits attached to a residential
property are also available
to a commercial property ?
|
| A |
No
such benefits are not available
for commercial Properties. |
| |
Top |
| Q |
What
are the formalities specified
under the Indian Income Tax Law,
if any, that one has to complete
before or after selling any house
property, commercial or residential
? |
| A |
You
have to obtain Permission u/s
230A of the Income Tax Act if
the value of the property to be
sold is more than 5 lakh. |
| |
Top |
| Q |
What
are the tax implications of
sale of any house property,
commercial or residential ?
|
| A |
You
are liable to pay Tax on profit
arising from sale of a house
property under the head Capital
Gain. |
| |
Top |
| Q |
Whether
incidental charges like brokerage,
registration fees, stamp duty
and other charges arising out
of sale of house property deductable
from profit arising on sale
? |
| A |
These
expenses are allowable expenses
from the full value of consideration
of the sale of house property. |
| |
Top |
| Q |
Is
there any way by which I can
claim exemption from tax on
capital gain ? |
| A |
The
Income Tax act has made provision
u/s 54 & 54A--G of the act
whereby you can claim exemption
from tax on capital gains. |
| |
Sec.
54: Purchase or construct
another residential house worth
the amount of capital gains.
Sec. 54 protects capital gains
arising out of sale (or transfer)
of a residential house whether
self-occupied or not, provided
the assessee has purchased within
1 year before or 2 years after
the date of sale of the original
asset or has constructed within
3 years after that date, a residential
house. The only condition is
that the newly-acquired property
should not be sold within 3
years from the date of its purchase
or construction. If this condition
is not satisfied, the cost of
the new asset is to be reduced
by the amount of long-term capital
gains exempted from tax on the
original asset and the difference
between its sale price and the
reduced cost will be chargeable
as short-term (yes, short-term!)
capital gain earned during the
year in which the new asset
is sold. This condition is unfair.
One of my readers, Capt. Shelar,
had sold a house situated in
a main city and purchased a
more spacious house in the suburbs.
After moving in he found that
one of the neighbours is a goonda
and another is running a brothel.
He desired to shift in a hurry
but alas! He found himself trapped.
Sec. 54EA & 54EB: Invest
within 6 months the amount of
capital gains in avenues covered
by Sec. 54EB which locks in
the funds for 7 years or invest
the of sale proceeds in avenues
covered by Sec. 54EA which locks
in the funds for 3 years. Sometimes
the same avenue also attracts
tax rebate u/s 88. However,
if the assessee has availed
of the Sec. 54EA/EB exemption
from capital gains by contributing
a certain amount, the rebate
u/s 88 will not be allowed on
the same amount and vice versa. |
| |
Top |
|
| Inheritence
Of Property |
| |
| Q |
Immediately
after purchasing an ownership
flat, my father expired. He
had taken HDFC loan and was
well aware of the tax provisions.
My mother and myself are staying
in the flat. I have been paying
the Equated Monthly Instalments
(EMI) which consist of part
interest and part loan repayment.
I have been receiving conflicting
opinions regarding the deductibility
of the interest element and
the rebate on loan repayment.
Can you give your opinion ? |
| A |
Immediately
after purchasing an ownership
flat, my father expired. He
had taken HDFC loan and was
well aware of the tax provisions.
My mother and myself are staying
in the flat. I have been paying
the Equated Monthly Instalments
(EMI) which consist of part
interest and part loan repayment.
I have been receiving conflicting
opinions regarding the deductibility
of the interest element and
the rebate on loan repayment.
Can you give your opinion ? |
|
| Selling
Property |
| |
| For
answers click on the image next to the
question of your choice. |
| |
 |
What
is the difference between built
up area, super built up area,
and carpet area?
|
 |
Who
is liable to pay Stamp Duty
- the buyer or the seller ? |
 |
In whose
name are the stamps required
to be purchased ? |
 |
What is meant
by the market value of the property
and is Stamp Duty payable on
the market value of the property
or on consideration as stated
in the agreement ? |
| | |