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    The Need To Buy Property Chapter 1 01

    Shortlisting Your Property Chapter 2 08

    Choosing The Right Location Chapter 3 12

    How To Choose An Agent Chapter 4 18

    Tax Implication Chapter 5 22

    Legal Perspective Chapter 6 26

    Home Loan Chapter 7 30

    Managing Finance Chapter 8 36

    Return on Investment (ROI) Chapter 9 38

    Exiting the market Chapter 10 40

    ContentPage No.

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    IntroductionSearching/Short listing a house

    g u i d e t o b u y i n g a h o u s e

    End Users:Locality profile: If you are buying for self use, it has to be

    where you would like to stay in the long term. The profile

    of other buyers and the neighbourhood, facilities and

    amenities that come with it, future infrastructure projects

    in the area, transport connectivity and state of roads are

    all issues you would want to find out before you buy.

    Each of these affect the quality of your stay and alsodetermines the price that you have to pay. If you are

    buying for future use, you will be able to compute the

    profile of the neighbourhood into the future.

    Check out MagicBricks Neighbourhoods.

    Stage of construction:A new property can be

    purchased at three stages At launch, mid-way through

    construction and at the possession stage. Old properties

    can be purchased either in as-is condition, requiring

    maintenance and repair before use or renovated or re-

    developed and ready-to-use.

    If you are currently staying in a rented accommodation,you may want to invest in a property that is ready for

    possession soon or you will have the burden of the rental

    outflow as well as the EMI on your housing loan.Buying

    closer to possession entails a higher value than at launch

    but being an end user balance the pros and cons.

    Developer:You need to check out the past track record

    of the developer. If he has been giving possession on

    time, whether the past users are happy with the quality of

    construction and services, who will manage the property

    in the long term and whether the developer is part of a

    network such as CREDAI which brings in a little more

    accountability to his profile.

    Price Bracket:Your monthly EMI should not exceed 40

    per cent of your monthly pay packet or you will find it

    difficult to meet the EMIs. (Check out our chapter on

    Pricing).

    Investors:This category of buyer purchases property primarily as a

    means to grow money. Here too, there are multiple

    options:

    At launch:You get the best values and even an

    inaugural discount in many cases. You are investing in a

    property that is 24-36 months away from possession butyou get the best rates for this. Going by the track record

    of the past few years, the risk is that your project may be

    delayed and possession comes after another year or

    two. This makes a difference to those who wish to remain

    invested to the end and exit the project only once

    possession is taken and property values have

    correspondingly risen.

    There are some investors who purchase by paying a 10

    per cent value and then pay a subsequent second and

    third instalment and then encash the differential. This

    money can then be invested in another project that has

    been launched and so on. This type of investor booksshort-term profits. This is a high-risk-high-return game and

    the buyer needs to be very aware of the progress of the

    project and the market values. Currently, there are no

    formal sources of monitoring the value of property on a

    weekly basis. Local brokers are the best source.

    Semi-Constructed: Buy a semi-constructed property in a

    locality that you want to stay in. This will shorten the

    lifecycle of twin payments (rental and EMI). You have to

    pay a slightly higher value than if you pick up at launch

    but the flip side is that you will be sure when you get

    possession.

    At Possession:Alternatively, you may want to opt for one

    that has already reached the possession stage. Here, the

    values are at least 25 per cent higher than while it is

    under construction but there is no risk as the property is

    ready-to-move-into or for fit-outs.

    Buying a house can be tedious or pleasurable according to how you go about it. Here are a few tips to make it

    a pleasurable activity. To make sure you find the right property at the right price in the right location, there is no

    getting away from the fact that you need lots of information at your fingertips and a lot of options to choose from

    as well.

    Firstly, make sure you know why you are buying. Normally property buyers fall into two major categories:

    1 End Users

    2 Investors

    Being sure why you are buying also influences various choices you make. This includes choosing:

    lThe location l The stage of construction l The developer l The price bracketThere are no right and wrong decisions whatever your reason for buying a house, it is the right one. But there

    can be right and wrong ways of going about it.

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    g u i d e t o b u y i n g a h o u s e

    Looking for the right propertyThere are many ways of looking for a property. This

    includes:

    l Checking out the options available online in propertyportals such as MagicBricks.com.

    l Check out print ads that appear in newspapers and

    magazines.

    l Use brokers in the neighbourhood who will be able to

    advise you on various options.

    l Choose a developer and see what he has to offer.

    Online Options: Statistics show that over 80 per cent of

    property searches today begin online even if actual

    transactions conclude offline. The advantage of looking

    online is that property portals such as MagicBricks.com

    aggregate the range of properties in the market andallow you to search for options on the basis of city,

    location, developer or even price brackets. Use the

    search box to fill in the details of your requirements. You

    get a drop-down of the properties that are actively

    available in your range. It also gives you contact details

    of those who have posted the properties.

    Online searches also allow you to compare different

    properties on different parameters. This makes it easier to

    shortlist the properties. Also, check out floor plans,

    building schedules as well as walkthroughs so that you

    only need to physically visit those properties that meet

    your criteria.

    MagicBricks.com also allows you to post queries on

    Open House and get them answered by experts. This

    gives you access to experts that you would otherwise not

    have. Check out the property advice section which

    offers advice on various issues from a number of experts.

    Newspaper Supplements: These give property related

    information and also carry advertisements of property

    launches. Once you have made up your mind to buy

    property, it is useful to regularly check out

    advertisements. This helps you understand which

    locations offer new properties, what are the amenities

    offered and also future infrastructure such as metro links,

    new transport corridors etc.

    Brokers: Many cities are broker dominated. They work as

    agents for specific developers or projects or both and

    are able to suggest options across different corridors.They also offer 1-4 per cent discount which they

    aggregate from developers as part of the agent activity.

    They are also able to suggest second-sale options in

    areas of your choice and your budget. However, India

    does not have a system of registration and rating of

    brokers and it is best to use a broker who has earlier

    given good service to someone known to you. You can

    also use online services of portals to find the brokers

    operating in that locality or neighbourhood.

    Developers: If you have strong preference for which

    developer you would like to go with, track the projects he

    has come up with in different locations and choose theone best for you.

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    O

    wnA

    Hom

    e

    Realt! CheckThe Need To Buy Property

    When to Buy?

    The common dilemma that the consumer at our Open House forum poses is what is

    the right time to buy? The right time to buy your house is when you feel that you are

    ready for the responsibility that comes along with buying a house. It is important to

    consider the objectives of buying a house. Ask yourself why you want that house?

    What really is the motivating factor when it comes to your decision to buy that house?

    Do you want to buy it because you want to live in it with your family or do you look for

    an extra income that the house will bring in the form of rent? Or, are you simply

    buying it for long-term value leverage? The more you know about why you should buy

    a home, the more focused your search will be and the better you will be able to

    select one that meets your requirements.

    What makes more sense Rent or Buy?

    There is a simple way of judging whether to buy a property or whether you should

    lease one now. If you find a house that you would like to stay in, that is close to your

    workplace or easily accessible from there, then buy it. But remember that the

    Equated Monthly Instalments (EMI) on your property should not be over 40 per cent of

    your monthly salary. That way you would be comfortable paying it back. You need

    10-15 per cent of the cost as your personal contribution to the purchase, as banks do

    not lend 100 per cent.

    If you are paying a monthly rent that would constitute over 75 per cent of your EMI

    please think in terms of buying. (Check out the MB Buy Vs Sell Calculator which can

    serve as a broad indicator on whether you should lease or buy).

    What to buy?

    There are many residential formats to choose from - Residential plot, apartments,

    single floors, independent houses and multi-storey flats. Given below is a

    representation of how each type of property is represented city-wise on the

    MagicBricks.com portal. This is a representation of property in the top six cities.

    Each type of property has its own advantages and disadvantages. Given below are

    some comparisons made by experts on Open House, the consumers forum onMagicBricks.com.

    Plot Vs Multi-storey?

    In India, plots are much in demand. Even today most small cities are witnessing more

    demand for plots than for apartments. Multi-storey apartments are becoming the

    norm in established urban areas where cost of land and the convenience and

    security that apartments offer have pushed demand from the younger generation.

    Also, as family sizes become smaller, many are selling large plotted developments in

    established city areas for smaller more compact apartments with centrally managed

    facilities, normally in gated communities in the suburbs.

    Independent plot or apartment within a gated community?

    Gated Community is a form of residential complex, sometimes characterised by highwalls and fences. It boasts of controlled entrances, surveillance of those entering the

    01

    CHAPTER-1

    g u i d e t o b u y i n g a h o u s e

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    Should I take a

    home on rent or

    should I buy?

    There is no harm inrenting a property

    till you are ready

    with enough

    finances to buy. If

    you find a place

    where you want to

    stay and can

    manage to get

    enough formal

    finance, look at

    buying as your

    monthly outflow will

    lead to creating an

    asset. But make

    sure your EMI is not

    more than 35-40

    per cent of yourmonthly salary.

    premises, clean surroundings and amenities. These communities offer freedom from

    the hassles of everyday civic problems, ranging from water cuts and pebble-strewn

    streets to living with the stench of unpicked garbage cans. An apartment in a gated

    community by a reputed developer is normally a safe bet.

    An independent house, on the other hand, is normally customised to the buyersrequirements. The advantage of having an independent house is that it provides

    ample open space and clutter-free living. Whatever the

    choice, make sure you pre-determine who is to look after

    the common facilities such as roads, water and power

    supply and back-ups etc. There are some

    developments where villas or townhouses are

    provided within the gated complex with all the

    advantages that normally come with

    apartments. These are more expensive but a

    safer and hassle free bet. You should however, be

    prepared to pay enhanced maintenance charges

    for these facilities.Single-floor Unit Vs Multi-storey Apartments

    A single floor apartment is one where the builder buys

    a piece of land, often old plots which are up for re-

    development, constructs flats on each floor

    according to the permissible Floor Area Ratio (FAR)

    and building byelaws and sells them as independent

    units within the same building. The land belongs

    proportionately to all the buyers of single floors. Since

    there are smaller numbers of units than in a multi-

    storey apartment, these lack economies of scale

    and so have fewer common facilities such as

    maintenance and back-ups compared to largermulti-storey apartments. But these are newer

    apartment units in downtown or preferred

    areas and come at a price lower than multi-storey units.

    02

    g u i d e t o b u y i n g a h o u s e

    All figures in percentage

    Ci'ie& Dehi M(!bai Che""ai H)de%abad P("e Ba"ga#%e

    M('i-&'#%e) A$a%'!e"' 37 88 30 54 85 51

    Si"ge F##% 50 NA 23 4 2 11

    I"d$e"de"' H#(&e 9 11 8 10 5 9

    Re&ide"'ia P#' 2 1 34 23 4 23

    Via 2 NA 5 9 4 6

    The Need To Buy Property

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    A multi-storey remains the most preferred housing units in metros and large cities

    today. It is a cluster of apartments in a high-rise building developed in a plot with all

    amenities available within a gated community. These units can be aggregated and

    constructed by developers or in the cooperative mode as Cooperative Group

    Housing Societies (CGHS). These need good common facilities management to take

    care of aggregating services and providing them to individual units for a fee. This fee

    is levied as monthly maintenance charges. They cover water and power supply,

    including back-ups, lift and common area maintenance and landscaping. Many

    developments also provide plumbing and electrical services for a fee.

    Where to buy?

    Generally, there is a price differential between different locations which will always be

    proportionate to its strategic placement which could be linked to accessibility to

    highways, markets, business districts and overall livability. It is quite possible that a

    particular area has good infrastructure, access to markets and entertainment means

    but if it is loaded with existing and upcoming projects, the price rise in that area may

    not be dramatic, but a gradual one. One may make an estimate of the number ofavailable and proposed flats in an area through good brokers and ascertain the past

    price movement in the short term. Things to be kept in mind while finalizing the

    location for your house:

    l The location should be within approved/sanctioned master plan.

    l The location should have good connectivity.

    l Infrastructure services such as power, water supply, drainage and sewerage should

    be present.

    g u i d e t o b u y i n g a h o u s e

    Why is it necessary

    to own property?

    In a country like

    India, where thereis no social

    security, a house

    means a shelter

    from all sorts of

    storms. Beyond the

    comfort and

    security that owing

    a home offers, it

    has more tangible

    benefits too. It

    forms an asset

    that is likely to

    bring in return on

    03

    The Need To Buy Property

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    How can I be sure

    of the property

    selection?

    The best way is toensure that you do

    your own research.

    Use the data that is

    available in

    property portals

    such as

    Magicbricks.com

    and in print

    supplements but

    after finalising a few

    choices do visit the

    sites and check

    them out.

    g u i d e t o b u y i n g a h o u s e

    l Location should be within an active business activity such as educational

    institutions, hospitals, IT parks, entertainment hubs, etc.

    l Location should be accessible easily from your workplace.

    When is the best stage to buy?If you have the required finances, ready-to-move-in is the ideal option for an end-

    user. This property would be significantly more expensive than at the launch stage but

    the buyer is protected against time and cost over-runs and also the EMI payment

    during the period when the house is under construction.

    For an investor who wants regular rental returns from his property investment, a ready-

    to-move-in property brings in immediate rental income which even helps pay back

    the loan secured to buy the property.

    If you are a new investor with limited finances, look for an under-construction property

    with a suitable payment plan and keep a horizon of 2-3 years for possession. But

    make sure you go for a reputed builder.

    When you purchase a house at the pre-launch or launch stage, the buyer pays smallsums linked to the progress of construction but also has a longer wait period before

    the asset is liveable or starts paying for itself. This option is good in new and evolving

    growth areas on the peripheries of cities where infrastructure itself is under

    development and there is a wait period before it is liveable. Since, both infrastructure

    and housing are being developed at the same time, the user gets the advantage of

    moving in when both are ready. It also comes cheaper as property values are always

    lower when the infrastructure in the area is under development. The downside of this

    type of property is that possession will happen only after a minimum of 24-36 months.

    During this period you would have to shell out a monthly rental for the place of stay

    and the EMIs for the new property.

    04

    The Need To Buy Property

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    What to rent?

    When you buy a property, the choice of locality is limited to those where properties

    are available within your budget. But when you are looking at renting a property, your

    canvas is much wider. Since a lessee has the option of seeking property that

    matches all his/her requirements, it is always good to make a checklist.

    Budget is always a prime consideration. Check your finances and see how much you

    can allocate to rent. This should be an amount that you will be able to pay month-

    on-month at the same time. Accommodate it within your house rent allowance

    package or just a tad over for best results.

    Now assess how big your accommodation should be. Remember that you have not

    only to take up lodging, but also service it monthly, including the maintenance and

    municipal charges which have to be paid by the lessee. The annual property taxes

    and asset maintenance are the responsibility of the landlord.

    Look that facilities such as public transport, security and daily grocery needs are

    easily accessible. They make your stay more comfortable. Transport connectivity with

    minimum traffic pressure points makes the daily commute to work less stressful. Lookfor a neighbourhood where you have like-minded community so that there is

    minimum clash of interests.

    How to buy?

    Once you decide upon the locality, the next step is to check the developers who are

    building there. The best way to do this is to do your own research. Find out who the

    developers are and what they have to offer. Check out the floor plans and the types

    of property that they are constructing. Many of these are available online so this can

    be done at your convenience. Once you have shortlisted some properties, do your

    own footwork. Check out the projects on-site. Get an expert such as a broker to show

    you around. Sometimes what looks good on paper may not feel right when you see it

    on the ground.

    If the project is new, the choice of builder is a big decision. Check the builders track

    record, his financial strength, his ability to deliver on time, construction quality and the

    payment terms, especially in case of a local builder. Do a background check on

    developers and make your assessment about where you would feel safe to make

    your investment. One should always check with local real estate brokers the last

    transaction price or the price of similar property in that location.

    Negotiating Ability: After considering all the above, your negotiating ability is crucial

    which means, leveraging the available information and a fair understanding of the

    points discussed to strike a good deal.

    The area concept is very vaguely used in the housing industry. Some builders andsellers take advantage of this ambiguity.

    Carpet area is defined as the precise area within the walls of your home. If you had

    g u i d e t o b u y i n g a h o u s e

    Being an investor

    should I keep

    invested in oneproject or should I

    keep re-investing?

    There is no scientific

    method to

    calculate, whether

    it is a right time to

    exit a property or

    not. But one should

    exit a property

    base on its holding

    period, return on

    investment

    achieved, cost of

    funds, etc.

    05

    The Need To Buy Property

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    g u i d e t o b u y i n g a h o u s e

    What is the

    difference

    between plinth,

    carpet and

    covered area in a

    flat/apartment?

    Plinth area is the

    total land on which

    the flat is built.

    Covered area is

    the covered

    portion over theplinth and carpet

    area is the actual

    usage area or the

    area within the

    walls.

    to lay out a wall-to-wall carpet in your entire home, the area covered would be the

    carpet area.

    Built-up area is inclusive of not just the carpet area but also the area being occupied

    by the walls of your home.

    Super built-up area takes into account all the area under the common spaces which

    is the apartments proportionate share of the lobby, staircase, elevator and the

    corridor outside the apartment.

    The confusion over super built-up area arises over what all is exactly included under

    this definition according to the judgment of the builder. Some may even include the

    terrace, security room, electrical room and/or pump room. The cumulative total of

    these extras is taken into account and divided by the number of apartments in

    proportion to their size.

    l If you get a quote for 1,000 sq ft, immediately find out if it is the carpet area or

    super built-up area.

    l There is no fixed ratio of super built-up to built-up or carpet area. Generally, theratios in multi-storey apartments are 75:35 (super built-up area to carpet area).

    In a single floor there is very little loading of common areas to the tune of

    5-10 per cent.

    Tips to Customers who wish to buy property:

    l Check for proper conveyance of title in favour of the Builder

    l Check the License/Development right/approvals of the Builder

    06

    The Need To Buy Property

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    l Niranjan Hiranandani, MD, Hiranandani Group

    l Paras Gundecha, President, MCHI-CREDAI (Mumbai)

    l Getamber Anand, Vice President, CREDAI

    l Mohit Arora, Director, Supertech Ltd

    l Partho Mukherjee, Principal Advisor, MagicBricks.com

    l Ananta Raghuvanshi, Director-Sales and Marketing, DLF India

    Our panel of contributors for this chapter are:

    g u i d e t o b u y i n g a h o u s e

    l Check clear and marketable title of the project

    l Ensure execution of proper Allotment Letter/Sale Agreements on your payments

    l Ensure whether reputed financial companies approve the project. This will help you

    in getting financial loansl See the tentative Layout/Building Plan

    l Verify plinth area of the Apartment

    l Check carpet area of the apartment and find out if the difference between plinth

    area and carpet area is reasonable

    l Ask for Occupation/Completion Certificate.

    l Ensure the Conveyance Deed is registered after entire payment has been made.

    Does investment in

    Tier II & III cities

    make sense?

    Yes capital

    investment in Ter II

    and III cities makes

    sense considering

    that maintenance

    is not high,

    provided it's a loan

    free investment

    because if theproperty rates don't

    go up, interest per

    month will still be a

    regular outflow.

    07

    The Need To Buy Property

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    How to choose the right property?

    One should buy property in an area which has adequate basic amenities such as

    power, water, sewerage, etc. It is important to do your checks and balances while

    deciding on a project. Infrastructure in the area, connectivity, builders goodwill and

    price of the property are key components a buyer needs to take into consideration.

    A buyer should also carefully check points such as the builders experience, number

    of projects completed and delivered, banking institutions involved and present buy

    options available to suit your requirements. It is better you conduct a field survey

    before identifying a suitable property meeting your budget and location preference.

    What do you think is the best way to buy property?

    You can choose options from websites. These days all information, including model

    apartments, is available on the internet. After this it is important that you or your

    relatives visit the sites of shortlisted properties and experience the brand before

    booking.

    What is the market checklist before buying re-sale property?

    Some important tips one should keep in mind before buying re-sale property are:

    l Locality: Generally, the price difference prevails for different locations but when itcomes to price rise, it will always be proportionate to its strategic placement which

    could be linked to accessibility to highways, markets, business districts and overall

    living conditions.

    There is a price differential between different properties within the same complex or

    even the same building. In India vastu compliant units have a premium on them.

    Similarly, East or South facing properties fetch better values than North and West

    facing properties. Users pay more for a view in urban settings. In Mumbai, for

    instance the price per unit rises as you go higher. If the property is sea-facing, there

    is a hefty extra that the buyer has to shell out. In other cities that are not quite used

    to high-rises yet, the premium is for the ground to sixth floor. Higher floors do not

    command a premium vis-a-vis lower floors. Pool or park facing properties have a

    higher value.

    The concept of Preferred Location Charges (PLC) for new properties was based on

    these principles. Currently, PLC is arbitrary and there are no fixed norms for it. There

    are developers who charge a PLC on every unit in the complex, which defeats

    logic.

    l Area-wise Demand and Supply: Price of properties within a certain area is also

    dependent on the volume of supply. Qualities such as good infrastructure, access

    to markets and office and entertainment hubs are common to a locality. However,

    the volume of units available for sale in the market also determines the prevailing

    price. If it is a new growth corridor, the first project to get off the ground normally

    comes at a reasonable price. As more developers launch projects it becomes an

    area in demand and the values keep rising steadily, normally by about 8-10 percent per year. A developer may break the norm in an existing locality

    Search

    Drive

    rs

    SelectionShortlisting Your Property

    CHAPTER-2

    g u i d e t o b u y i n g a h o u s e

    08

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    by launching a project that is richer in features and therefore commands a higher

    value. Once there are a couple of projects in a locality that command a higher

    value, it pushes the base value up.

    Developers too allow investors to make money by periodically revising values of

    projects that are still under construction. Once this new value is released, brokersand underwriters, small and big investors offload their properties at a value higher

    than the original sale price but lower than the new sale price. They thus book short-

    term profits. This cycle happens at least two to three times during the

    development cycle. End users enter towards the end of the cycle and purchase at

    values that are at least 50 per cent higher than the original sale price. However,

    with very little holding time, they get to buy very close to possession.

    If you are buying on a corridor where there are several projects, check on price

    and specifications of multiple projects to get the best deal. If there is more stock

    than demand, you have a better chance at negotiating a better value in the

    secondary market

    l

    Builder/Developer: Check the builders track record, his financial strength, his abilityto deliver on time, construction quality and the payment terms, especially in the

    case of a local builder.

    When is the best stage to buy?

    If you have the required finances, ready-to-move-in is the ideal option for a home

    buyer. For an investor, a ready-to-move-in property is feasible for business as he can

    buy and put it up for lease without any waiting period. Whereas, a house under

    construction eases the financial burden wherein you can finance your property

    through bank loans and pay less cash upfront. The downside of this type of property is

    Where can I find

    authentic

    information about

    properties?You can choose

    options from

    property websites

    such as

    MagicBricks.com

    which post property

    details, including

    model apartments.

    It is important that

    you or your relatives

    visit the site and

    experience the

    brand before

    booking.

    g u i d e t o b u y i n g a h o u s e

    09

    Shortlisting Your Property

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    that possession will happen only after a certain time period. If you are a new investor

    with limited finances, look for an under-construction property with a suitable payment

    plan and keep a horizon of 2-3 years for possession. But make sure you go for a

    reputed builder.

    How do you choose the right type of property?

    Depending on the chosen budget, one can decide the type of property. If you are

    an end-user, the size of your family, along with the budget can be a determining

    factor while choosing the type of house you need. There is a wide range to choose

    from today as the market abounds in various housing formats from 1, 2, 3 and 4BHK

    apartments, to studios, villas and row houses, to builder floors and independent

    houses. Multi-storey projects and township with all amenities in one project

    clubhouse, swimming pool, meditation center, health clubs, departmental stores,

    schools, cinemas, sports facilities, banquet/party halls are what most end-users are

    looking at today.

    What are the documents you need to check before buying?

    l Check for proper conveyance of Title in favour of the builder.

    l Check the licence/development right/approvals of the builder.

    l Check clear and marketable title of the project.

    l Ensure execution of proper Allotment Letter/Sale Agreements on your payments.

    l Ensure whether reputed financial companies approve the project. This will help you

    in getting financial loans.

    Is the property

    boom for real or is

    it a bubble ready

    to burst any time?The trick lies in

    investing wisely with

    known developers;

    you cant go wrong

    with property

    investments if you

    do diligent

    homework before

    purchasing.

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    l Check the tentative layout/building plan and verify the plinth area of the

    apartment. It is advisable to check the carpet area of the apartment and find out

    if the difference between plinth area and carpet area is reasonable.

    l Ask for Occupation/Completion Certificate.

    l Ensure the Conveyance Deed is registered after the entire payment has been

    made.

    l For buying a property you need to check Deed of Conveyance, Mutation

    Certificate (for complete property), Land Registration Status, Sanction Plan, Search

    Report and Payment Schedule (for under construction). It is a must that you go

    through all the documents relating to the origin of the property, chain of Title,

    Occupancy Certificate, sanctions from various authorities dealing with building

    plans, fire safety and Completion Certificate.

    l For re-sale property, check demand notice relating to renovation, tax dues and

    latest receipts of payments made towards various out-goings such as water,

    electricity and ground rent.

    Which is good for investment plot or flat?

    If you are a long-term investor, say 5-10 years, a plot is the best option. If you want

    annual returns to manage a part of EMIs, flats are better.

    What is a better investment city or suburb?

    Ideally, it is always better to invest when land cost as a percentage to sale price is 15

    to 20 per cent, so that it grows. With land cost being very high within cities, hovering at

    approximately Rs 7,000-14,000 per sq m, it is always better to invest in growing

    corridors depending on whether you want for pure investment or want to move in.

    l Niranjan Hiranandani, MD, Hiranandani Group

    l Hafeez Contractor, Founder & Principal Architect, Architect Hafeez Contractor

    l Ananta Raghuvanshi, Director-Sales & Marketing, DLF Homes

    l Partho Mukherjee, Principal Advisor, MagicBricks.com

    l Bopanna Madayya, VP Sales & Marketing, QVC Realty

    l S Padmanabhan, VP, Maangalya Developers

    l S Ramakrishnan, CEO, MARG ProperTies

    g u i d e t o b u y i n g a h o u s e

    What are the

    documents

    required for

    registering a flat?Chain of original

    conveyance, sale

    deeds/agreement

    from the seller,

    share certificate

    issued by the

    society in favour of

    the seller indicating

    membership to the

    society, NOC from

    the society to the

    transfer of the share

    in favour of the

    purchaser, identity

    proof, and address

    proof.

    Our panel of contributors for this chapter are:

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    LocationIs

    Key

    Spot OnChoosing The Right Location

    INVESTING IN CITIES

    Should one look at investing in big cities?

    When it comes to choosing a location, the consumer looks at connectivity and

    availability of basic urban and social infrastructure in that area. Big cities have that

    advantage. Land values are very high in many big cities. When investing in a big city,

    keep a few things in mind. If you are purchasing for self use, buy in a neighbourhood

    that has all the conveniences that you require and also has good accessibility to the

    rest of the city. Even in premium localities, if you keep searching, you will findproperties that suit your budget. If you cannot afford the premium rates, look for a

    locality on the fringes of your area of choice. This will have all the advantages of

    proximity to the main locality but sport lower price tags. Also, look for property that is

    being re-developed in city areas. They will be new and come with a maintenance-

    free period. Older houses come cheaper but make sure you invest in refitting and

    refurbishing the old plumbing and electrical lines before moving in if you want a

    hassle-free stay.

    If you are looking at more open spaces with modern complexes, move to growth

    corridors on the suburbs and peripheries of cities. Since, they are built to suit modern

    lifestyles and social facilities benchmarks are raised, you will get more add-ons such

    as landscaping, cycling and jogging tracks, club houses and swimming pools and

    other sports facilities. As they are at a distance from the city centre, they come withcheaper price tags and construction linked instalment plans.

    How much appreciation can be expected by investing in bigcities?

    Typically there is a 10 per cent escalation in prices annually across city areas.

    If you are investing in a new property in a virgin corridor where development work is

    yet to begin, before infrastructure comes into the new corridor, prices are very low.

    Once infrastructure work begins prices rise by about 25 per cent. When the property

    development reaches mid-way point, there is another 25 per cent escalation in

    prices. Six months from completion there is another 25 per cent escalation. Oncepossession is handed over there is another 25 per cent increase in rates. This is true for

    places where Greenfield development is taking place.

    The mid-end and affordable housing segments will record healthy appreciation in

    capital values in the short term from a low base. High-value property yields lower rates

    of appreciation.

    In new growth corridors where development work precedes real estate, the growth in

    values is normally about 50-70 per cent. However, these are broad estimates.

    There is another return that has not been factored in which is the rental yield. Property

    value attains its true potential when the neighbourhood is fully populated. If you are a

    long-term investor and want to wait for the property to attain full potential, lease out

    the property and capitalise on the regular rental returns. The annual yield is computed

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    as a ratio of capital to rental values. Normally residential property gives a simple yield

    of 2-4 per cent.

    Appreciation largely depends on industrial, commercial and infrastructure

    development in the area. Project-specific price increases can be expected across

    these markets. This pertains specifically to projects that are being delivered or arenearing completion.

    What could be the possible downside of investing in big cities?

    Land is extremely expensive in big cities. Therefore, the land component in property

    prices in big cities is very high. As downtown areas of the city become more

    expensive, buyers have to move further and further away to the suburbs and

    peripheries to buy property that fits their budget.

    Moreover, population in cities is increasing at an alarming rate and demand for

    housing is directly proportional to the increase in population. This is a reason for

    properties becoming expensive in big cities.

    Should one invest in small cities?

    In small cities, the appreciation is usually less but so is the initial investment compared

    to the metros. However, with major infrastructural developments, cities like Indore,

    Coimbatore, Bhubaneshwar and a few others are witnessing growth in prices as well

    as returns. Always choose a city that has good economic drivers such as IT, ITeS or

    manufacturing hubs. This ensures continued user interest for re-sale when you want to

    exit an investment or for rental returns while you hold the property till it is well-

    leveraged and gives good returns.

    What makes an

    area a preferred

    location for home

    buyers?Focus on residential

    properties that

    have potential for

    assured rental

    yields and capital

    appreciation.

    Projects close to

    workplace

    catchments,

    industrial hubs, and

    locations with high

    appreciation value

    should be

    considered.

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    Is it good to invest near airports?

    Yes, presence of an airport nearby brings appreciation of values to residential

    property. Take for instance, with the new international airport coming up in Navi

    Mumbai, Panvels future seems very promising. Therefore, the area is attracting lot of

    developers and real estate investors. Similarly, Bandlaguda, located in SouthHyderabad, is witnessing immense interest from buyers and investors, especially for

    plots. Located close to the airport, Hi-Tech City and Outer Ring Road are the major

    advantages of this locality. North Bangalores property values rose and buyer interest

    peaked after the new airport was commissioned.

    Is it preferable to buy in commercial hubs?

    The growth prospects of residential real estate is promising in fast growth corridors

    driven by manufacturing, IT and ITeS sectors, supported by social infrastructure such

    as educational institutions, hospitality and healthcare. These industries drive demand

    for houses.

    INVESTING IN PERIPHERY AND SUBURBS

    What are the advantages of investing in suburbs of big cities?

    Proximity to the metro city, affordable property prices, quality infrastructure and

    availability of spacious and well managed residential spaces are the key factors

    driving the growth of suburbs.

    Which will give

    better returns -

    small town or big

    cities?When it comes to

    choosing a

    location, look at

    connectivity and

    availability of basic

    civic and social

    infrastructure in that

    area. Areas that

    come under new

    infrastructure and

    industrial gowth

    plans are those that

    will grow in the

    years to come.

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    What are the drivers that make suburbs the preferredinvestment hubs?

    As city centres become tediously expensive in commercial real estate, secondary

    business districts have been evolving close to the suburbs. In Mumbai, Nariman Point

    gave way to the Bandra Kurla Complex and also the Andheri stretch. Thane isexpected to become a Commercial Business District in a few years. In Delhi, the

    business district has moved from New Delhi to Secondary Business Districts such as

    Nehru Place and Bhikaji Cama Place and now to suburban business districts such as

    Gurgaon, Noida and Ghaziabad.

    Suburbs are chosen because of proximity to the work place, accommodation that is

    within user budgets and good connectivity, schools and hospitals in the vicinity and

    therefore a better lifestyle. There is good potential if the developers keep the real

    demand in mind. For instance, Noida and Ghaziabad being suburbs of Delhi have

    picked up pace when it comes to being the preferred location for home buyers. This

    is basically because of availability of affordable homes for the middle and upper-

    middle class in these two areas.

    What are the advantages of investing in peripheral areas?

    Peripheral areas are further from the core city than the suburbs. They form the fringes

    of suburban areas and are chosen by buyers because they are cheaper than city

    centres and even suburbs.

    You can get bigger spaces at affordable prices with modern facilities which are not

    available in age old properties within city limits. Rate of return on investment is more in

    peripheral areas, depending on the location. You also get more greenery and open

    space in the peripheral areas.

    What are the disadvantages of investing in peripheral areas?Lack of accessibility to public transport and connectivity to city centres, under-

    developed infrastructure and sometimes even lack of basic amenities such as water,

    electricity, etc as compared to the main city could be some disadvantages.

    What should one check for before buying property in peripheral areas?

    Infrastructure in the area, connectivity, builders reputation and potential to deliver

    and price of comparable properties are key components a buyer needs to take into

    consideration. A buyer should also carefully check points like builders experience,

    number of projects completed and delivered, banking institutions involved and

    present buying options available to suit your requirements. It is better to buy at the

    beginning of a development cycle in peripheral areas as it will take at least 4-5 years

    to become liveable.

    Do infrastructure,

    transport and

    connectivity drive

    real estate prices?What really opens

    up new avenues is

    connectivity. If you

    look at Delhi-NCR,

    Gurgaon is one

    area where new

    axis corridors are

    opening whether

    it is the Northern

    Peripheral Road,

    KMP Highway, or

    the Southern

    Peripheral Road.

    These bring the

    area under

    development

    zone.

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    g u i d e t o b u y i n g a h o u s e

    Are suburbs and peripheries of large cities witnessing anescalation in prices?

    As expansion of commercial districts into suburbs takes place, it fuels demand for

    rental accommodation. Most IT/ITeS/manufacturing facilities demand rental

    accommodation and that drives up prices.

    Is it good to invest near Highways and Expressways?

    Today, the Expressways and National Highways are where all the property

    development is taking place. People look for affordable housing and these can only

    be provided along these high-speed transport corridors that offer good connectivity

    and affordable options. Highways provide good connectivity to far-off as well as

    nearby places thus, bringing appreciation in prices due to increased demand. In

    metros, Highways and Expressways open up new avenues or development zones

    which always form a part of a larger master plan. You should keep a horizon of four to

    five years while investing around new Expressways.

    What are the long term benefits of investing in Tier-3 cities?

    The benefit of investing in Tier-3 cities is that with very little investment you can

    become a part of the growth bandwagon. Lucknow and Hyderabad are two cities

    which are worth looking at.

    l Satish Magar, President, CREDAI, Pune

    l Paras Gundecha, President, MCHI-CREDAI, Mumbai

    l Getambar Anand, Vice President, CREDAI

    l T Chitty Babu, President, CREDAI, Chennai

    l Manoj Gaur, President, CREDAI, Western UP

    l Harsh Vardhan Patodia, President, CREDAI, West Bengal

    l Kunal Banerjee, President, M3M Ltd

    l Sushant Muttreja, Earth Infrastructure

    l Sanjay Chawla, CEO, ERA Landmarks

    l

    Ish Anand, CEO, Phoenix Hodu Developers Pvt Ltdl Bopanna Madayya, VP Sales & Marketing, QVC Realty

    l Ananta Raghuvanshi, Director-Sales and Marketing, DLF India Ltd

    Should I invest in

    suburbs and

    peripheral regions

    for higher returns?Decide on the time

    horizon i.e. long

    term (5-7 years) or

    short term (2-4

    years). Over a

    longer period

    suburbs offer very

    good returns as the

    price arbitrage with

    Central Business

    Districts reduces.

    Over 3-5 years one

    can expect to

    make 20-30 per

    cent per annum in

    a suburb

    depending on themicro location and

    the developer.

    Our panel of contributors for this chapter are:

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    B

    rokerTips

    TransactorHow To Choose An Agent

    What do you suggest is the best medium to buy a property through a realtor, a developer or an individual?

    It depends on the property you are buying and who offers it to you. In case the seller

    is a realtor, it is best to buy through him after doing a background check on his

    reputation because he would know what legal checks must be made by you before

    putting the money on the table. In case a seller is an individual he must hire the

    services of a good lawyer to do a due diligence on title, etc before you write that

    cheque. This money spent on due diligence may pinch today and seem

    unnecessary but in the long run you will realize that this is a wise decision.

    Where to search for a broker?

    Numerous real estate agencies are listed in the phonebook and on the Internet. Do

    not pick one randomly. Look for an agent in the area where you are planning to

    invest.

    How to choose a broker?

    Besides simplifying your home search, your real estate agent will help market your

    property, therefore, evaluate the proposals that you get and choose the most

    profitable one. Also, use caution while you choose.

    l Find out as much as possible about the agent before hiring his services. Ask for

    references. Also, ask family and friends to recommend real estate agents they

    have worked with.

    l Check if the agent is licensed and can work full-time on your real estate needs.

    l Ensure that all agreements between your agent and you are in writing.

    l Do not pay money upfront to your real estate agent. This could be a loss to you if

    you dont buy or sell a property with this agent.

    How much brokerage should an authentic broker charge?

    If you are planning to buy property from a broker, then you have to pay 0.5 to 2 per

    cent of the deal value. In lease transactions, the brokerage value is one months

    rental or 8.33 per cent of the deal.

    DEVELOPERS

    Can any builders association curb errant developers?

    There are currently two associations that developers are aligned to The

    Confederation of Real Estate Developers Associations of India (CREDAI) and National

    Real Estate Development Council (NAREDCO). Credai has been doing a lot of good

    work in terms of making developers sign the pledge for good ethics and evolving a

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    model code for them to follow. However, in the event of a developer not being a

    member of either association or even not adhering to the rules there is no mandatory

    code that can be enforced. In such cases, consumers have to resort to consumer

    courts and the legal machinery.

    What are the advantages of choosing a reputed developer?

    It is always advisable to go for a reputed agent and developer, especially for

    property which is under construction because it covers a great part of the risk. For

    built-up property, a bigger area in a reasonably good complex with a good clear title

    would definitely be a good buy. With a builder having market standing you can be

    assured of the title and delivery. You may end up paying slightly higher, but it is worth

    the peace of mind.

    How to choose a builder?

    Mental notes while buying property:

    l Check for all the legal pre-qualifications and due diligence mentioned earlier.

    l Choose a builder who has a previous track record

    l Ask how many million sq ft he has already constructed and how many projects are

    underway

    l Check out his past track record for time delivery

    l If public listed, check out balance sheet and quarterly reports to see how the

    company has been faring financially

    Where should I

    search for an

    authentic broker?

    Numerous realestate agencies

    are listed in

    property websites,

    the phonebook

    and on the

    Internet. Dont pick

    one randomly.

    Look for an agent

    in the area where

    you are planning to

    invest.

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    l Check if the project you are interested in is a Joint Venture. If so, check out JV

    partner as well and the details of the JV.

    l Also check the neighbourhood market and features and rates in the vicinity of

    other re-sale property. Once you benchmark a property on the corridor you will be

    able to decide if the price asked for is justified

    Is there a public website where people can check thelegitimacy of a property?

    Every state government has sites for registered documents and you can understand

    what all you have to check. Currently, there is no public portal where all approvals

    are displayed.

    Also, banks and financial institutions that finance your loans would have done due

    diligence and can provide you with correct information.

    How to safeguard yourself from being cheated?Registering your property agreement gives you protection. You can even register the

    agreement to sell as a provisional document to protect your transaction. However,

    once you get the possession, the Stamp Paper is valid for four months only and it is a

    good idea to register within four months. An agreement with a blank date is really no

    agreement and cannot also be implemented. Read the agreement carefully.

    Besides the per sq feet charges, what are the other charges ina multi-storey apartment?

    The other charges are maintenance, security, registration charges, preferred location

    charges, external development charges, internal development charges, service tax,

    etc. You must read the fine print to plan your budget properly.

    How to find out the built-up area and actual carpet area?

    The application form and the buyers agreement is available at the time of launch in

    the builder's office and the clause explaining the super area loading is also a part of

    this document.

    How can a buyer be protected if the project is delayed?

    As far as delay in completion of the project is concerned, it is important to check if

    there is a clause for damages provided in the agreement for sale/allotment letter. On

    the approvals, you have to ask the developer to furnish copies of the approvalsreceived from the statutory authorities like the municipal authorities, development

    authorities and other statutory bodies.

    Should one buy

    property with

    lesser area from a

    well-knowndeveloper or go

    for a larger area

    by a lesser-known

    developer?

    Definitely the first

    option is better. This

    is only true for

    property which is

    under construction

    because it covers

    a great part of your

    risk. For built-up

    property a bigger

    area in a

    reasonably good

    complex with a

    clear title woulddefinitely be a

    good buy.

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    If a builder delays

    possession of the

    flat, what legal

    recourse doconsumers have?

    You have an option

    either to cancel the

    booking and to

    take the refund with

    interest or you can

    move to the court.

    Brochure should

    have these

    provisions.

    g u i d e t o b u y i n g a h o u s e

    Can the developer impose 10 per cent payment beforeshowing documents related to registration, title, ownership &approvals while booking a flat?

    You should agree to such a clause only if your own risks are covered. Ask the

    developer if the money is refundable under any circumstances. That means that if

    you are not satisfied with the authenticity of teh documents or approvals and you

    decide not to purchase the property at all, you should get your money back without

    going through the formality of a notice and tedous procedural formalities.

    l Getambar Anand, Vice President, CREDAI

    l Asha N Basu, S Jalan & Co., Solicitor on MagicBricks.com

    l Ananta Singh Raghuvanshi, Director-Sales and Marketing, DLF India

    l Ravindra Pai, MD, Century Real Estate Holding

    l Sudhir Vohra, Architect & Urban Planner, Sudhir Vohra Consultants

    l Rohtas Goel, MD, Omaxe

    Our panel of contributors for this chapter are:

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    TaxM

    atte

    rs

    Mone! MattersTax Implication

    What are the taxes you have to pay while purchasing property?

    If you are buying a new property, you have to pay Service Tax, VAT and Stamp Duty

    on the total amount of purchase. If you buy re-sale property, then you do not have to

    pay any of these taxes.

    When is the transaction of sale considered complete?

    The transaction of sale is considered complete when either the possession is given or

    Conveyance Deed is registered.

    When are capital gains applicable and how can capital gaintax be saved/reduced?

    Capital Gain is applicable when:

    l The sold property has been withheld by a person for a period of more than three

    years from the date of purchase/possession.

    l The sale proceeds are invested in a residential property which is bought one year

    before the sale of property or two years after the sale of first property.

    l The new property is bought after the sale of the first property.

    l Capital Gains Tax can also be saved by investing the sale proceeds in Capital

    Gain Bonds.

    What is the difference between long-term capital gain andshort-term capital gain?

    When a property is withheld by a person for more than three years, it results in Long

    Term Capital Gain (LTCG) on sale of that property, on which Capital Gain Tax can be

    saved by investing that money in a residential property.

    When a property is withheld by a person for less than 36 months, it results in Short Term

    Capital Gain (STCG) on which tax cannot be saved. STCG is added to the income of

    a person and tax is calculated according to the slab rates of the Income Tax.

    How much tax has to be paid in case of LTCG and STCG?

    In case of LTCG, 20 per cent of capital gain has to be paid as tax if the money is not

    invested in residential property or Capital Gain Bonds.

    In case of STCG, the sale proceeds are added to the income of the property owner

    and tax is calculated according to the slab rates of Income Tax.

    For the purpose of capital gain, what is considered the date of

    purchase - date of stamp duty paid, date of registration ordate of possession?

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    To save your Capital Gain Tax, the Sale Deed or the Purchase Deed would be the

    valid document to determine the date of purchase or the date of sale. However,

    when the property is purchased in instalments, the letter of possession will be the date

    for such purpose. Finally, the answer will depend on the facts and circumstances of

    each case.

    Can the capital gainamount be used for clearingloans?

    Yes, the amount can be used to clear

    loans but in that case the tax on Long

    Term Capital Gain cannot be saved.

    If a person invests a part of

    his capital gain amount inresidential property, then isthe remaining amountexempted from Income Tax?

    No. Income Tax is payable on the

    remaining amount unless it is invested

    in Capital Gain Bonds.

    Can Capital Gain Tax besaved if the amount is

    invested in a commercialproperty, agricultural land orplot?

    No, Capital Gain Tax cannot be saved if the sale proceeds are invested in a

    commercial property, agricultural land or plot. However, tax could be saved in a plot

    if a residential building is constructed within three years of selling the property.

    If one sells a commercial property, can tax be saved byinvesting in a residential property?

    Yes. One can buy a residential property from sale proceeds of a commercial

    property to save capital gain taxes.

    Can two properties be bought from sale proceeds of oneproperty to save Capital Gain Tax?

    No. One has to invest in one property to save taxes. In case two properties are sold,

    one can either buy a single or two properties to save taxes.

    What is the last date for depositing capital gain amount as perthe Capital Gain Account scheme?

    The last date to deposit the capital gain amount in the Capital Gain Account is the

    last day by which one has to file the Income Tax return.

    How much tax will

    bepaid in case of

    short- and long-

    term capital gain?

    Incase the

    property is held for

    more than 36

    months and then itis sold, the resultant

    capital gain would

    be long term

    capital gain on

    which thecapital

    gaintax @ 20%

    would be payable.

    The short term

    capital gain isto

    be addedwith the

    otherincome of

    the assesses and

    tax will be

    calculated atthe

    slab ratesof

    Income-tax.

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    What are the capital gains and other taxation rules pertainingto selling and buying land by a Non-Resident Indian?

    The rules and laws are same for both Indians and Non Resident Indians (NRI). In fact,

    the sale proceeds of an NRI from a property in India can be invested in a residential

    property outside India to save Capital Gain Tax.

    In whose name should a new property be registered to savetaxes?

    Taxes will be saved only if the new property is registered in the name of the person

    who receives the capital gain, ie. the owner of the previous property. In case the sold

    property was owned in a joint name, the new property should also be in the joint

    name of the same two people.

    How many properties can one own?

    One can own unlimited properties.

    What are the charges deductible from the capital gain for thepurpose of Income Tax?

    If stamp duty and registration charges are paid by you, the same will be allowed to

    be deducted from the capital gain amount. Likewise, if you have taken any loan for

    purchase of the property for which you have not taken any tax deduction under any

    of the provisions of the law, then such interest on loan can also be deducted from

    the capital gain amount. Finally, if you have spent any amount to renovate the flat,

    the same would also constitute as a deductible amount. Thereafter, whatever is the

    net amount of gain, the same will be added to your income and income-tax would

    be payable thereon as per the slab system.

    Are retired pensioners exempted from paying STCG Tax?

    You will be called upon to make payment of Income Tax on the STCG amount

    irrespective of the fact that you are retired personnel. Investing in property too will not

    save any Income Tax for you.

    l Subhash Lakhotia, Tax Consultant, MagicBricks.com

    I am planning to

    buy a commercial

    shop from my sale

    proceeds of a

    residential plot.

    How much capital

    gain tax do I have

    to pay?As you are

    planning to buy a

    commercial

    property, there is

    no way to save

    capital gain tax.

    You will have to pay

    the required tax.

    capital gains tax

    can be saved only

    by investing the

    sale proceeds of

    any property in a

    residential property-

    plot or apartment. Our panel of contributors for this chapter are:

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    Legallyrig

    ht

    dvisorsLegal Perspective

    What documents and formalities are required while buyingproperty?

    Documents required while buying property are Identity Proof like Voters ID Card,

    Passport, Driving License, Ration Card and Pan Card. Be careful of the Sale

    Deed/Agreement and also check that the complete property chain is mentioned in

    the Deed.

    Things you should check at the time of signing the agreement?Here are the important things to check before you sign the agreement with thedeveloper:

    l Specific apartment allotted, tower number and size

    l Details of area including super area, covered area and carpet area

    l Costing

    l Date of possession, penalty in case of delay

    l Exit option

    l Specifications committed

    l Payment plan

    l Details of Land on which project is constructed and the project approval details

    l Possession related charges

    How do you know that a project has legal approvals fromauthorities?

    The best way is to check if the banks are funding the project. Generally, banks

    approve projects and start disbursement only after all the approvals are in place.

    l Ensure that the documents of Title of the property you intend to purchase are

    clear. A defective Title will create problems.

    l Ensure that the building has been constructed as per the sanctioned plan and

    deviation, if any, is in the allowed limits. It should not be in a low-lying area or in a

    filled-up water body.

    l Ensure that the developer has clearance certificates from the Electricity Board,

    Water and Sewage Board and other concerned departments.

    l Commencement Certificate and Occupancy Certificate are other important

    documents that are necessary while buying property. Check out the genuineness

    of the documents with the concerned authorities.

    l Ensure Agreement for Sale and Sale Deed, duly stamped, executed and

    registered are in your possession. Both should contain fair clauses for both the

    parties.

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    Is there any difference in the rights of primary and co-applicant of a property?

    Firstly, though the term co-applicant and co-owner are often used interchangeably,

    there is a thin line that distinguishes a co-applicant from a co-owner. All co-applicants

    of property need not necessarily be co-owners.

    Can primary applicant sell property without the consent of theco-applicant?

    If the co-applicant is also the co-owner, then under the Transfer of Property Act every

    co-owner has propriety right on the entire property unless there are specific conditions

    given in the contract regarding the rights of the primary and the co-owner of the

    property. Hence, in the absence of any specific terms, any sale of the property has to

    be done with the consent of the co-owner.

    Can you buy property without appointing a power of attorney?You can always buy a property without appointing a power of attorney (POA). You can

    go about it yourself. You just need to check that all the required papers are in order.

    For this, you can also seek legal advice and guidance from a lawyer.

    Can you sell property without the original registry?

    First, you need to file a police complaint about the lost paper. Then you can apply for

    a Certified Copy from the sub-registers office. Also, give a public notice in

    newspapers.

    Is a daughter eligible for equal share in her parents property?Yes. As per the prevalent law, son and daughter are eligible for equal share in theirparents property.

    Can a son sell property on his fathers behalf if the latter iselsewhere and bed-ridden?

    Yes, a son can sell a fathers plot on his behalf if the father appoints him and grants

    him the power of attorney to do so.

    Can a property which has been transferred through Gift Deed

    be sold by the person after getting it registered in his/hername?

    Note that an occasion is not required for making a gift of property. The person

    receiving the gift can sell the property from day one after receiving the same as a

    Legal aspects one

    should keep in

    mind while

    purchasing aresale property?

    For a resale

    property check if

    the property is

    registered, the

    construction date,

    is the property free

    from debts or

    disputes, is the title

    clear, check also

    for NOCs from

    various authorities.

    No insurance

    premiums are

    available for

    insuring plots.

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    gift. There is no Income Tax on the gift amount of the property, especially if it is from a

    blood relative. Generally, the gift made is irrevocable.

    Can a builder be made to pay compensation if he faults on

    delivery?What is important and considered by authorities is your agreement with the builder

    and not the brochure that the latter floats. Check your payment terms with

    construction stage/s. If you have delayed payment or not fulfilled the agreed terms

    as per your agreement, getting any relief from any judicial agency would be very

    difficult. If you are ready to accept the penalties awarded to you for your defaults,

    you can demand specific performance on the part of the builder from the consumer

    grievances forum.

    Can you make a Gift Deed for a property in an unauthorisedcolony?

    Any self-acquired property having a clear Title can be gifted by the owner to anyone

    as per his/her wish. So, if they have any legal evidence of ownership about the

    property (not ancestral), they have a right to gift it to you, if he/she wishes so.

    Why do people prefer an 11 month lease agreement forrenting out a residential flat?

    An 11-month lease license is preferred by owners as it gives the right to stay only. But,

    in an agreement which goes beyond 11 months, the Lease Right Title and interest is

    transferred, wherein eviction becomes difficult.

    Is it possible to build the third floor above the second floorwithout a No Objection Certificate?

    You need a No Objection Certificate (NOC) to get your plan sanctioned. You can

    build the third floor only if it is approved.

    Can a residential property without any Will be divided orsold?

    Children will have to mutate their names and sell the property.

    Can registry be done by the builder without your presence?If you have given him the Power of Attorney, the registry can be done by your builderin your absence.

    What is a

    certificate of Title

    and how to

    procure it?Title deed is the

    chain of

    documents

    through which the

    vendor acquires

    the right, title and

    interest in the

    property. There are

    cases where the

    seller mortgages

    the property but

    does not inform the

    buyer, so you must

    inspect the originals

    before buying

    property. For

    certificate of Title,you have to hire

    services of a legal

    practitioner who

    does due diligence

    work.

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    g u i d e t o b u y i n g a h o u s e

    What are the formalities to be observedby a foreigner interested in buyingproperty in India?

    Formalities would differ based on what you mean by a

    foreigner. There are different rules for NRIs, foreigners of

    Indian origin and foreigners of Non-Indian origin. Also, it

    would depend upon the residential status and the kind of

    property such a person would wish to buy. Depending on

    the category of foreigners, there are different protocols to

    be followed.

    l Asha N Basu, S Jalan & Co., Solicitor on

    MagicBricks.coml Subhash Lakhotia, Tax Consultant, MagicBricks.com

    l Dhirajlal Rambhia, Chief Advisor, MagicBricks.com

    l Gaurav Gupta, Director, SG Estates Ltd

    Panel of Contributors

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    S

    martCre

    dit

    Borroing FundsHome Loan

    What are the factors you should keep in mind before getting ahome loan?

    The main criteria are:

    l Your income and your track record of repaying previous loans this is obtained

    from the Credit Bureau.

    l Your current expenses including other loans you are servicing. The amount of loan

    related to the property value.

    l Ownership of the property this means that the lending bank should be

    comfortable that the seller has full and complete ownership of the property.

    l Getting a loan depends on the report of the local bank surveyor who will inspect

    the property and give his recommendation.

    l Home loan eligibility depends on your ability to pay (ie. based on your salary) and

    not on the age of the building. However, the quantum of loan depends on age

    and undivided share too, in addition to your repayment ability.

    What are the advantages and disadvantages of getting ahome loan insured? Is it necessary to get property loaninsured?

    It is always better to get the property loan insured. I would rather recommend a big

    term plan of Insurance Policy to safeguard future problems.

    Why does home loan interest rate differ?

    The bankers home loan interest rate differs from bank to bank because of the cost of

    funding.

    Do you get tax benefits on loan?

    Yes, tax benefit on repayment of housing loan is available as per section 80C of theIncome Tax Act, within the overall limit of Rs 1 lakh.

    What is pre-EMI interest?

    The pre-EMI interest is the interest charged by the bank in respect to the loan

    provided by the bank for the period of disbursement of the actual loan to you and

    the effective starting of the EMI.

    What is the meaning of moratorium on home loan andcapitalisation of interest?

    Moratorium: A period from the date of disbursement of loan, during which theborrower is not required to pay EMI but the outstanding amount continue to incur

    interest.

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    Capitalisation: It is nothing but compound interest. The interest is added to the

    borrowed amount and further interest accrues on that amount. This is done every

    month.

    How does tenure affect cost of loan?The tenure of loan may affect the cost of loan depending upon the product profile

    and other connected matters. Also, banks currently offer floating rates for a small

    period which are then revised according to market conditions. The older loans do not

    get the benefit that is offered to new borrowers. Also, if loan rates rise, either the EMI

    amount or the tenure of the loan also rises.

    Can there be flexibility in the EMI to be paid?

    Generally, there will be no flexibility in the payment of an EMI. In case the EMIs are not

    paid on time, you might have to incur heavy penalty.

    Can I pay back the loan amount before schedule?

    You can pre-pay the loan amount, though some banks will levy penalty on pre-

    payment. But there are exceptions. For example, the State Bank of India does not

    charge any penalty for pre-payment of loan. One should always ask the bank about

    the pre-payment rules so that they do not face problem at a later date. Today, it is

    wise to go with a bank that allows periodic part pre-payment of loans. This allows you

    to keep paying back the principle amount when you get increments or sales

    incentives or any other lump sum amount.

    With a monthly

    salary of Rs 30,000

    - 40,000, what is

    the amount ofhome loan I am

    eligible for?

    The amount of the

    loan you are

    eligible to, will vary

    on the existing

    debts and your

    past record of

    repayment. Youcan get a loan of

    Rs 20-25lakh,

    assuming you have

    no other debt still

    pending.

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    What are the documents a bank asks for while approving ahome loan?

    The documents required for approval of home loan will vary from bank to bank.

    However, the bank would require details of the property as also the details of your

    pay slip and copy of two years income-tax returns.

    Is there any difference in the rights of primary and co-applicant of property?

    An additional person seeking to obtain a loan with a primary applicant is a co-

    applicant. One reason a potential borrower might want a co-applicant is to increase

    his odds of qualifying for a loan or to qualify for a larger loan. A co-applicant is also

    desirable if the loan is for the purchase of property that will be owned equally by both

    borrowers, such as business partners or spouses. If the loan is granted, the applicants

    will become co-borrowers, and each will be equally responsible for its repayment.

    Can you sell property even when your home loan isoutstanding?

    You can sell property even when the home loan is outstanding. In such a case, the

    buyer purchasing your home will have to re-pay your bank. Alternatively, the buyers

    bank might pay your bank directly through a loan transfer.

    What is a reverse mortgage and how does it work?

    In a typical mortgage, you borrow money in lump sum right at the beginning and

    Can I sell my

    property with the

    home loan

    outstanding?You can sell your

    property with the

    home loan

    outstanding. In

    such a case, the

    buyer purchasing

    your home will

    have to repay your

    bank. Alternatively,the buyer's bank

    might pay your

    bank directly

    through a loan

    transfer.

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    then pay it back over a period of time using EMIs. Reverse mortgage is a type of

    mortgage in which a home owner can borrow money against the value of his home.

    Reverse mortgage is the loan given to senior citizens for their monthly expenditures

    against their own property. The loan is given till the death of the owners and the

    amount is recovered against the property after their death. The National Housing Bank

    in India promotes a scheme in which the tenure is 15 years and the owner of the

    house and his/her spouse continue to live in it till their death which can occur later

    than the tenure of the reverse mortgage.

    What is the eligibility for reverse mortgage loan?

    Generally, the reverse mortgage loan would be available for senior citizens. The

    Reserve Bank of India has prepared draft guidelines for reverse mortgage loan. A

    house owner over 60 years of age is eligible for a reverse mortgage. The maximum

    loan is up to 60 per cent of the value of the residential property. The maximum period

    is 15 years. The borrower can opt for a monthly, quarterly, annual or lump sum loan.

    What should a senior citizen do to get a home loan which isusually difficult to procure?

    With age, the buying as well as re-paying capacity goes down. For this reason, banks

    do not approve loans for senior citizens. In case a senior citizen needs loan, they

    should consider having a co-applicant who has the capacity to take up the

    responsibility of the loan payment. You can also take loan with the property as

    collateral.

    How does an individual investor raise money to invest incommercial property?

    We all know that there are funding issues on commercial property. Housing isencouraged under all government and bank policies, so commercial investment is

    primarily through self-funding or instalment plan with the developer.

    How can I raise a loan against a property owned by someoneelse?

    You can mortgage a property owned by someone else if the owner of the property

    becomes a co-borrower and guarantor for the same. The procedure requires mutual

    consent from both the parties.

    What is the loan procedure an NRI property buyer has tofollow?

    The basics - such as income, financial obligations and re-payment track record

    Whatare thedocuments

    required to get a

    home loan

    approved?

    The documents

    required for

    approval ofhome

    loan will vary from

    bank to bank.However, the bank

    would require

    details of the

    property as also the

    details of your pay

    slip and copy of

    twoyears income-

    tax returns.

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    g u i d e t o b u y i n g a h o u s e

    remain the same, though the mechanics may be slightly different. Some banks may

    insist on having a resident Power of Attorney in India.

    Can multiple people get a collective loan on one property?

    Usually, this is possible when all applicants are members of the same family. In

    certain cases, when non-familial members are willing to get home loan, it is possible

    to get it from public as well private banks subject to the individual eligibility. However,

    for this the property should be jointly owned.

    In the current economic scenario, is it better to opt for fixedover floating interest rate?

    Experts would advice floating rate. Housing loans have lowest rates of interest.

    Floating rates are supposed to come down as and when the cash flow increases.

    The correct and the current fixed and floating interest rate on housing property loan

    can be known from your banker. Enquire from your bank and make it a point to visit

    two to three banks to get the best rates.

    How long does it take to get the application processed andthe loan sanctioned?

    The time line depends a lot on the nature of the property and applicant. You should

    wait for two weeks at least.

    Can I take a home loan for construction in one city whileworking in another city?

    Yes, it is possible that you are working in a particular city while procuring home loanfor construction of your house in another city. It is legally allowed for you to purchase

    property in another city. Domicile is not a pre-condition to buying property

    any more.

    l Ish Anand, CEO, Phoenix Hudo

    l R Murugesan, CEO, Shriram Properties

    l Manish Sinha, Consumer Assets, HSBC India

    l

    Kaustuv Roy, ED, Cushman & Wakefieldl Dhrirajlal Rambhia, Chief Advisor, MagicBricks.com

    l Subhash Lakhotia, Tax Consultant, MagicBricks.com

    Our panel of contributors for this chapter are:

    In the currenteconomic

    scenario, is it

    better to opt for

    fixed or floating

    interest rate?

    Floating rates are

    advisable. Housing

    loans have lowest

    rates of interest.Floating rates are

    supposed to come

    down as and when

    the cash flow

    increases. The

    correct and the

    current fixed and

    floating interest rate

    on housing

    property loan can

    be ascertained

    from your banker.

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    M

    oneymatters

    Handle !our FinanceManaging Finance

    Is real estate a better investment as compared to the stockmarket?

    The real estate market is similar to the stock market, with its peaks and troughs always

    seeming to make perfect sense in retrospect. Also, both markets reflect the economy

    of the country and offer good investment opportunities. However, the risks must be

    understood along with the opportunities. Realty index will appreciate five times, but

    not the stock market.

    Investing in stocks:

    The profit margin inherent in stock investment has always been higher when

    compared to other asset classes. Stock market investments offer advantages such as

    liquidity and flexibility, which real estate does not. Stocks also offer growth rates that

    the real estate market can rarely match.

    Investing in real estate:

    Home ownership is the most primary form of real estate investment. U