Click on the category of your interest to know answers to Frequently Asked Questions.
 
Buying Property Selling Property
Renting Property Housing Loans
Tax Related Matters Inheritance Of Property
 
Buying Property
 
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Renting Property
 
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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 ?
Housing Loans
 
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Tax Related Matters
 
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
 
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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 ?