What to ask before you buy a flat

*"**What to ask the real estate developers?* *"*


*Like any another purchase, buying a property has its own confusions and
risks during decision making. A home buyer has to be sure that he/she
chooses the right builder and the right location within the right price.
From a personal point of view, every buyer does his/her best to verify the
property and have the best pick; however, we still see a lot of cases
wherein the buyer is duped and is eventually dissatisfied by the purchase.
Following the customer feedback, in this article, lists a few questions
that you can ask the real estate developers and then shortlist the
property.*


*Use of land*


*What is the use of the land on which the project is being developed? Is it
for residential or commercial property; floors or plots; how many floors
does it permit etc. It has been seen that often developers begin a project
and start to sell properties before land acquisition is over. A portion of
the land acquisition may be pending and might impact your apartment;
therefore, make sure to ask the developer and verify the land acquisition
documents. A home buyer should verify the papers demonstrating the
builder’s ownership of the land. You could also hire a lawyer to conduct
the title search and to find out whether there is a legal dispute over the
land.*



*What about the approvals?*


*A home buyer should check all the approval documents prior to finalizing
the deal. Check for the developer’s licence in order to check the
permission from the area’s town planning authority to develop the project
and approvals for building plan, water, environment and pollution, and
height clearance. If the approvals have not obtained, it is suggested that
a home buyer should not invest in that project as delay in approvals is of
the major causes of project delays. *


*Payment Plan*


*In the application form, pay attention to the payment plan. One should not
pay a large portion of the cost of the property at initial stages. It is
suggested that one should stick to a construction-linked payment plan or
one in which a portion of the cost has to be paid after possession. Another
area of concern is that the builders often include a cost-escalation clause
in the builder-buyer agreement, which states that the developer has the
right to increase the cost of the project in case the cost of building
materials goes up. Enquiries regarding the builder’s track record as to
whether he has implemented the escalation clause in the past can be made or
finalise a developer who does not include an escalation clause in the
agreement.*


*Delivery and its terms*


*Most of the agreements mention a time frame within which the developer
will give the possession of the property; however, the trick is that the
agreements do not mention the start date of the time frame. Enquire about
the start date and if possible get it documented. Also check whether the
agreement has a penalty clause under which in case of a delay in
possession, the developer will have to pay a penalty to the buyer. If the
clause is there, find out how much penalty he will pay and whether he has
paid it in the past.*


*Change in layout plan*


*Often builders bring about changes in the layout plan and show them as
beneficial for the buyer; however, the buyer should not be lured by the
increase in area of the property, instead at the time of booking, should
find out whether the builder has changed his plans in the past and what
were the terms of that. For example, if the area of the property increases,
the buyer will have to pay according to the original booking amount or the
current rate?*


*The extra charges*


*Check out the various heads under which the developer may ask the home
buyers to pay, for example, preferential location charges (PLCs), external
and internal development charges (EDC and IDC), advance maintenance fee
etc. Calculate what will be the purchase value after adding all these
charges and buy only if the sum falls within budget. There can also be a
case when the buyer falls behind in paying an installment; in that case the
buyer should be clear about whether the developer will give extra time to
pay up, what will be interest liability etc.*


*Record of the developer*


*The record of the developer includes his financial status and his
reputation as a developer. The buyer can verify a developer’s financial
status by asking for his company’s balance sheet. Do not invest in the
project if his company is over-leveraged because it increases the
probability of delay in project completion. Moreover, find out how many
projects the developer has completed, whether there were legal issues in
his past projects, whether the projects were delayed, are the current
occupants satisfied with the construction etc.*


*Source : Makaan Research Team*

All about Real Estate Bill

Real estate bill is beneficial for home buyers !


*With the approval to the real estate bill, there was quite an emotional
upheaval in the real estate industry and most of the key players commented
on the update. Post the real estate regulation bill, the property players
hope to see a transparent and uniform environment. It was a debate on
whether the home buyers will have benefit from the step or the provisions
are very harsh on the developers. But what is the take of the home buyers?
Will now their property buying process be less time consuming and more
assuring? A survey conducted with the end users directly as to whether they
think that the real estate bill will be beneficial for them and the maximum
people voted in affirmation.*


*The following are the benefits that the home buyers can expect from the
real estate bill: *


*• Increased transparency and uniformity*

*• Strict guidelines on advertisement and prospectus will stop
misguiding the buyers*

*• Provisions for claiming compensation for loss caused by misleading
statements*

*• Selling based on carpet area*

*• A project cannot be launched until all the approvals from authorities
are achieved*

*• Developers will be required to put project-related information on
their websites*

*• Setting up of an appellate panel to take up disputes between buyers
and builders*

*• Speedy resolution of issues such as delays and change in
specifications*

*• Fewer possibilities of project delays being caused due to absence of
necessary approvals*

*• A buyer can claim refunds if a project is delayed*


*Buying a home is one of the most significant financial investments that
one ever makes; therefore, it is only advisable to do a proper market
research and survey prior to finalizing anything.*

*Source : Makaan Research Team*

What to do after selling your house

Things to keep in mind after selling a home


*The present slow-moving real estate market has posed the maximum
competition for the sellers. Everyone who is in a need to sell his/her home
is in a race to attract buyers, follow the various advices given by experts
and do their best to extract the best deal. After listing the home,
following the best approach to sell the home fast, and handing over the
keys to the new owner, the seller takes a sigh of relief. However, there
are a few minor steps still left in the selling process. Even after selling
the home, the ex-homeowner should take a few steps to invest the money
safely and ultimately save money.*


*Once you sell the house, you should safely keep all the paperwork related
to selling and handing over of the property. The paperwork will help in any
issue that you might have in the future regarding the previous dues of the
property. The paperwork also helps in filing of the taxes and for producing
the documents in case the authorities demand them. Apart from the sale
documents, one should also keep proof of all the prior purchases, property
tax receipts and any major installments done in the house.*


*After collecting the money from the sale of the house, choose your next
home very safely. One should not be pressured and should take ample amount
of time while deciding the next purchase. As buying and selling require
different skills, a change in the agent can also be considered. Hiring the
right agent is very essential for making the right purchase. *


*One last calculation that one should make is regarding the down payment.
It is recommended that 20% should be kept for down payment of the next
house. In case the purchase of the house is on the basis of full and final
payment, one should consider the future income and financial stability.*

*Source : Makaan Researach Team*

Know about Commercial property loans

*Commercial properties have a potential to give good returns; therefore, a
lot of investors prefer commercial investments. Shopping malls,
multiplexes, IT spaces and branded retail outlets are among the most
popular commercial properties in India. With the mention of acquisition of
a property comes about a requirement of a loan. This article talks about a
few facts surrounding commercial real estate loan.*

[image: Inline image 1]

*Qualification for commercial real estate loan: The sanction for a
commercial real estate loan is a tedious and more complicated procedure as
compared to a home loan sanction. Almost all banks ask for several years of
tax returns in order to give a go ahead for a commercial real estate loan.
Moreover, loans for commercial properties such as eating joints or


restaurants are more challenging than loans for office spaces or retail
buildings.*


*Higher rate of interest: The commercial real estate loan has higher rate
of interest as compared to the rate of a home loan; therefore, anyone
applying for the loan should before hand calculate the re-payment capacity.*


*Vast documentation: The document scanning during a commercial real estate
loan is vast and almost tedious. Every legal document of the organization
starting from income statements to profit and loss statements, balance
sheets to statements of cash flow are required. Other than the documents
relating to the business, there is also a requirement of the personal legal
documents to evaluate the background.*


*Loan sanction: As there are numerous phases involved in commercial real
estate loan, the sanction of it from bank takes several weeks. Therefore,
make sure that you are really transparent and organized in your approach to
avail a commercial real estate loan.*


*The more knowledge you acquire about commercial loans, the better decision
you can make about the commercial real estate investment and the process
would also be easier and speedy.*

*Source : Makaan Researach Team*

CC in one week now !!

END TO INSPECTOR RAJ

*Building completion certificate goes online*

Source Times of India

*KMC Has To Issue Certificate In A Week Or Specify *


*The days of harassment by building department inspectors are over. The
completion certificate (CC) process for houses and apartment complexes has
gone online. *


*Now, you can expect a CC within seven days of applying for it. The
e-process could root out the notorious inspector raj that has thrived in
Kolkata Municipal Corporation for two decades. *


*Earlier, building department inspectors had the discretionary power to
withhold CC indefinitely. It gave them the leverage to manipulate and
extort a house **owner or developer because without the certificate you
cannot apply for water, drainage or power connection. *


*There are recent instances of people not having received CC for a year,
without being told where they erred. This is why very often promoters avoid
taking a completion certificate and hand over possession to home owners,
who are unaware of the trouble that lies ahead. They cannot move in without
water and power connection but have to fork out EMIs. *


*“The computerized system has been introduced to strengthen our own network
where building department officials often fail to track down cases of delay
and harassment. Now we can trace **files faster,” said a KMC official. It
will also ease the process for issuing building plan sanction. Mayor Sovan
Chatterjee told TOI that KMC started issuing online CCs on November 22,
addressing a major concern among citizens and developers. “We are committed
to improving citizens’ services. The new system will curb harassment and
ensure timely completion certificates,” Chatterjee said. *


*Under the new rules, an inspector has to issue a compliance report or give
reasons for rejecting a CC within seven days. “This will increase
transparency and curb opportunities to manipulate owners or builders,” an
official said. *


*Representatives of Credai’s Bengal chapter welcomed the move. “This will
usher in transparency, end harassment and ensure faster development. It is
an extremely encouraging step,” said Credai Bengal vice-president Sushil
Mohta. *


*During a bridge-building meeting on Wednesday with KMC commissioner and
heads of building, assessment, project management unit (heritage,
waterbody), civil and law, Credai Bengal officials led by chairman Harsh
Patodia discussed several points where processes can be streamlined. *


*They suggested that KMC streamline the building plan sanction process on
land where no workshop or factory exists, simplify rules and relax height
restrictions for theeka land. Patodia said the industry’s suggestion had
been well received. *


*What is a completion certificate? *

*It’s a document that enables a house owner to apply for water, drainage
and power connections. *


*What are the requirements? *

*KMC buildings inspector checks if the owner/developer has fl

outed any
construction rule or deviated from the sanctioned plan. If satisfied, he
sends a report to the executive engineer of the borough for issuing a CC *


*How is a house owner harassed? *

*Inspectors could withhold CC indefinitely without specifying a reason. It
gave them the leverage to extort a house owner or developer *


*How is the new system different? *

*All boroughs will be connected to the KMC HQ online. An inspector will
have to submit the report within three days of visit and executive engineer
will be asked to issue a CC within seven days if no major deviation is
detected*

*Source : Times of India*
 

Tips to transfer property without hassles

*"**How to transfer your property**"*
*Here's a checklist that you should be take care of*

Sourcs The Economic Times


*When it comes to transferring property, a sales deed may not always fit
the bill, especially if you want to pass it on to relatives. In such cases,
instruments like a gift deed or relinquishment deed can come to your
rescue. However, blindly choosing either can lead to problems.*

*"You must understand the purpose of each document before getting it
drafted. Know the benefits as well as drawbacks of each," says Vaibhav
Sankla, director, H&R Block. "These documents are designed to play a
specific role in the transfer of property and, hence, it is important to
consult a lawyer," he adds.*

*Gift deed*

*This document allows you to gift your assets or transfer ownership without
any exchange of money. To gift immovable property, you just have to draft
the document on a stamp paper, have it attested by two witnesses and
register it. Registering a gift deed with the sub-registrar of assurances
is mandatory as per Section 17 of the Registration Act, 1908, failing which
the transfer will be invalid. Besides, such a transfer is irrevocable. Once
the property is gifted, it belongs to the beneficiary and you cannot
reverse the transfer or even ask for monetary compensation.*

*However, if you want to gift movable property like jewellery, registration
is not compulsory. At the same time, a mere entry in an account book is not
sufficient to establish a transfer. Apart from physically handing over the
property, you need to back it with a gift deed. The process is slightly
different if you are gifting company shares. You will have to fill out the
share transfer form and submit it to the company or registrar, and the
transfer agent of the firm. Once again, get a gift deed drawn and executed
to complete the transfer, but the document need not be registered.*

*Advantages: The biggest benefit is that there is no tax implication if you
are gifting property to certain relatives (see box). However, you still
have to pay stamp duty, which can vary from 1-8% for immovable property,
depending on the state in which the transfer takes place. If you are


gifting property to a non-relative, the stamp duty would be higher at
5-11%. You have to pay this duty even in the case of movable property.
Expect to shell out 2-8% in case of relatives, and 3-8% for non-relatives.
For physical shares, the stamp duty is 0.25%, but if these are in the demat
form, you don't have to pay.*
[image: Inline image 1]
*Limitations: Though a gift deed cannot be revoked, it can be challenged in
court, coe rcion and fraud being the most common grou nds. So, if you have
been tricked into gifting property, you can take the matter to court and
have the transfer reversed. It can also be challenged on the grounds that
the donor was not of sound mind or a minor. "You can never have a
challenge-free gift deed, but consult a lawyer while drafting it so that
the chances of it being challenged are minimum," says Aakanksha Joshi,
senior associate, Economic Laws Practice. Also, you cannot gift a property
that's held jointly.*

*Relinquishment deed:*

*This document is quite different from a gift deed, though the legal
implications are the same. You can use this instrument if you want to
transfer your rights in a particular property to another co-owner. Such a
transfer is also irrevocable even if it is without any exchange of money.
As with all documents related to the transfer of immovable property, a
relinquishment deed needs to be signed by both parties and registered.*
*The stamp duty is similar to that for a gift deed. However there is no
discount for relatives, nor are there any tax benefits. Also, both stamp
duty and tax will be applicable only on the portion of the property that
you relinquish, not on its total value. You can also use this deed to
transfer movable property without registration, but it is typically used
for immovable property.*

*Advantages: It allows seamless transfer of your share in a jointly-held
property. "This document is most commonly used when a person dies without
leaving behind a will and all siblings end up inheriting the property,"
explains Joshi. Unlike a gift deed, you can draw the
relinquishment deed for monetary consideration.*

*Limitations: There are no tax benefits, for as per the tax laws, the term
'transfer' includes relinquishment, not gift. Hence, when you are
relinquishing property for monetary consideration, it will result in
capital gains for the transferor. "If the consideration is less than the
stamp duty value of the property, the difference between the stamp duty and
the consideration will be taxed in the hands of the buyer," says Sankla. If
you relinquish it without any consideration, the stamp duty value of the
property will be its sales price.*

*Source : Economic Times *

Why buying a Flat In Rajerhat makes sense

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How to decide when to prepay your Home Loan

Should you invest in tax-free bonds or prepay home loan ? 

*The market is flooded with tax free bonds. Besides the three existing
offerings (see table), the National Housing Bank is also expected to hit
the market soon.*


*These are compelling investment options because the tax-free interest
rates offered are very high and almost comparable with the pre-tax rates on
bank fixed deposits.*

*The decision may not be that easy for those with a home loan to pay. The
common refrain is that if there is any surplus money, shouldn't it be used
to prepay the loan? Most borrowers may opt to prepay their loans than invest
in tax-free bonds. If you are faced with the same dilemma, consider these
factors before you decide.*

*Look at prepayment as an investment*

*Much of the confusion gets cleared if you see debt prepayment as just
another investment. If you prepay Rs 1 lakh of a personal loan which was
charging you an interest rate of 15%, you save Rs 15,000 in interest per
annum.*

*And since money saved is money earned, your Rs 1 lakh will effectively
earn you Rs 15,000 in a year. That's a good return and should be the first
option for anybody with surplus cash. Evaluate your debts on the basis of
the interest you are paying and start with repaying the costliest ones.*

*The credit card balance and personal loans should be the first in your
cross-hairs. It doesn't make sense to keep money in a fixed deposit that
fetches only 9% when you have a credit card outstanding with interest cost
of around 42% and personal loans with interest cost of around 15%.*

*But you may also encounter situations where the loans are cheaper than
what your investments can earn. That's when you should stop prepaying the
loan and start investing. "Follow the simple rule that the return from the
investments should be more than the interest on the loans," says Jaya
Nagarmat from Investor Shoppe.*

*A small caveat here: You must also consider the risks involved in the
investments when you make the comparison. You should only consider
relatively safe investments such as bank fixed deposits and bonds.*
*Take tax into consideration*

*The maximum returns offered by the taxfree bonds currently on offer is
8.92%, so the prepayment of loans continues to be a viable option if one
goes with the above mentioned simple rule. However, the tax benefits on
certain loans can change the equation in favour of investing. The effective
cost of some loans comes down if the tax benefits on the interest is taken
into account.*

*"Interest paid on education loan is deductable for 8 years from the
starting date of repayment," says Sandeep Shanbhag, director, Wonderland
Consultants.*

*For someone earning over Rs 10 lakh a year, the cost of the education loan
comes down from 13% to 8.98%. Similarly, the effective cost of a housing
loan at 10.25% also comes down to 7.08% for the borrowers in the 30.9% tax
bracket. "The investor should not prepay the housing loan if he is in the
highest tax bracket. Else, he can pay off the loan instead of investing,"
says Nagarmat.*

*Here's another caveat: if the house is self-occupied, you can claim a
maximum deduction of Rs 1.5 lakh in a year. If your loan amount is very
large and the annual interest far exceeds the Rs 1.5 lakh limit, it may
still make sense to prepay the home loan than invest in the bonds.*

*There is no limit on the deduction of the interest if the house has been
rented out. Another point that needs consideration is the tax treatment of


the returns from the investment. The post-tax return of a fixed de- posit
that offers 9% is only 6.22% for an investor in the 30.9% tax bracket. This
is below the 7.08% effective cost of the housing loan.*

*But the 8.92% coupon rate offered on tax-free bonds is significantly
higher than the effective cost of the housing loan for investors in the
20.6% and 30.9% tax brackets. These investors should use surplus funds in
this order: first invest in tax-free bonds, then prepay home loan and
lastly invest in FDs.*

*Interest rates are expected to fall once the RBI is done with its measures
to stabilise therupee and control inflation. If rates fall, the tax-free
bonds should fetch good returns in the medium to long term. However, don't
think that this strategy is completely devoid of risks. "One has to look at
the possible downside also and not just the possible upside," cautions
Shanbhag. This is because most housing loans are not fixed but at floating
rates of interest.*

*In the unlikely event of rates going up, the EMI will also rise. On the
other hand, the value of the long-term taxfree bonds in the secondary bond
market will come down.*

*Future requirements*

*The future cash flow requirement is another thing to consider when
prepaying your home loan. It is always better to keep some extra money in
hand for contingencies. If you prepay your housing loan to your maximum
ability and need money in future for some unexpected event, you will be
forced to go for personal loans. Even if you have a good credit score, a
personal loan is far costlier than a home loan.*

*To conclude, some debts (such as a home loan) are not bad and should not
be prepaid aggressively. Irrespective of whether or not you prepay your
loan, the ultimate objective is to have a large pool of investments and no
debt by the time you retire. All these debt versus investment discussions
are only short-term decisions.*

*Source : Economic Times *

 

How to buy a flat if all original documents are lost !!

How to buy a property when all the original papers are lost

Article source : The Economic Times

A couple of years ago, when a 38-year old IT professional, was looking to
buy a house, he zeroed in on one at Kandivli, Mumbai. "The property agent
had shown me a few houses, but I liked this one because it was in an ideal
location, was well-maintained and, more importantly, fit my budget."
However, HE became suspicious and reluctant when the owner said he
preferred the entire sale proceeds in cash, at one go. He decided to
research and roped in a lawyer to help him out.�

�
*Soon, they realised that the owner did not have the original documents
related to the property. "Seller said he had lost the documents some months
ago while travelling. He assured me that it was completely safe to buy the
house as he had the relevant photocopies," says Chapke. While he was
agreeable, all the banks that he approached for a loan refused to give him
one.*
�
*So, Chapke cancelled the deal. Though house owners are careful while
storing property documents, they may still lose them. Misplacing original
documents doesn't mean that you cannot sell or buy a property. While you
can settle the deal in such a case, it will require additional paperwork
and result in higher costs.*
�

*How to get duplicate documents*
�
*When you lose such important documents, the first step is to file a police
complaint. "The owner should file an FIR stating that the documents have
been lost, misplaced or stolen, and get a copy of the complaint. If the
house is mortgaged and the documents have been misplaced by the bank, the
FIR will still have to be filed by you." Buyers should ask for a copy of
the FIR from the seller.*
�

�
*The owner will also have to place an advertisement, stating the loss of
the documents, in an English daily newspaper, as well as a
regional/vernacular one. "Even the buyer can place such an advertisement
and, through it, call for any claimant to the property within 15 days of
the advertisement being printed," *
�
*Based on the police complaint, the owner can apply for a duplicate share
certificate from the housing society, which can put up the application at
its society meeting. If the application is approved, the housing society
will issue a copy of the share certificate after charging a fee. Another
document that owners and buyers need from the housing society is the
no-objection certificate, without which no lender will be willing to
provide a loan. So, ensure you get this too.*
�
*After this, the owner will need to get an undertaking on a stamp paper,
stating that he has lost his original documents. "The undertaking should
outline the details of the property, the text of advertisement published in
the newspaper, and the police complaint number. It should also clearly
state that all the details declared in the undertaking are true," . This
document should then be attested, notarised and registered with a notary.*
�
*The next step is to get a duplicate of the original sale deed, which can
be obtained from the registrar's office as it maintains the records of all
transactions in its jurisdiction. "The owner will have to submit copies of
the police complaint, share certificate from the housing society, the
newspaper advertisement, and the undertaking, at the deputy registrar's
office and pay the required charges. He will then be issued a copy of the
sale deed," .*
�
*"If it is an old property, it is also advisable to get a title report of
the document to ascertain that the property is free of encumbrances. As the
deputy registrar's office will have all the details of the property, you
can easily get this document from there." He advises the hiring of a
property surveyor or legal consultant to conduct due diligence for the
property concerned.*
�
*If the buyer wants to take a loan*
�
*Though banks are typically wary of providing loans to buyers if the
original property documents are missing, it isn't always true. Says Ram
Sangapure, general manager, Central Bank of India: "The decision to lend
money in such situations is decided on a case-to-case basis. Usually, the
result will be more favourable if the borrower and seller have enjoyed
a long-term relationship with the bank."*
�
*Banks will conduct additional due diligence in the case of such
properties. "The bank's legal team will first verify all the documents
associated with the property, including the police complaint records. Then
it will check whether all duplicate documents are genuine, not forgeries,"
he adds.*
�
*Of course, any charges that result due to additional paperwork or legwork
will have to be borne by the borrower. The bank will also ask both the
seller and buyer to give separate undertakings that if and when the
original documents are found, they would be handed over to the bank. After
this, it will offer the loan.*
�
*Source : Economic Times *

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