Tips – Verify Your Flat Purchase Documents Without a Lawyer

0
Tips - Verify Your Flat Purchase Documents Without a Lawyer
Tips - Verify Your Flat Purchase Documents Without a Lawyer

Due diligence and awareness of your rights can certainly protect you against unscrupulous practices by developers. In an industry that still lacks transparency, it is best to physically inspects all documents before buying any property. First and foremost, drafting a sale agreement should be done with the utmost care. A property buyer should fully understand its contents; if necessary recruit a lawyer, and make a clear note of all the deliverables the developer has agreed to.

Anuj Puri, chairman and country head of JLL India, cautions that “Developer’s sales teams will usually present a buyer with a readymade agreement, and a buyer must ensure that this captures every relevant detail.” He continues, “If it does not, the buyer is fully entitled to ask for missing details to be included and potential grey areas to be clarified. A copy of the final agreement must be retained under any circumstances, as this will serve as the primary evidence in a legal action filed for agreement violations.”

Here is what you need to watch out for when checking purchase documents:

1. Personal details

The agreement must capture the seller’s complete details. This includes father’s name, address, PAN number and bank account information. It must also provide exact details of the property’s location and municipal, tehsil (administrative division) or collector’s land record number. The agreement ought to be witnessed by two people, each from the buyer’s and seller’s side.

2. Title documents

“The seller must confirm the authenticity of the title documents and ownership transfer in the agreement,” explains Puri. “He must also state clearly that the transfer and handing over of possession, is happening in a legal and fully-attested manner. The agreement must reflect the fact that all dues related to the property, have been cleared up to the date of transfer.” Further, the agreement must fully indemnify the buyer from any disputes related to title and possession of the property.

3. Date of possession

“The date of possession of a flat is important to the purchaser, for the purpose of transfer of the flat from the builder. It is the date on which the purchaser is to get possession of the premises and binds the developer to hand over possession by the date set out in the agreement. If possession is not given by such date, the purchaser has a right to sue,” informs Anirudh Hariani, solicitor of Hariani and Company.

The ‘time of essence’ clause in an agreement lays down the contractual deadlines for the parties to perform their due obligations.

4. Payment schedule

“The clause which sets out the payment schedule, lays down the total amount to be paid and the time frame within which it is to be paid,” details Hariani. “In cases where the payment is made in instalments, the payment schedule specifies details of each instalment. This helps avoids any ambiguities which may arise in the future,” points out Hariani. The agreement must provide complete payment details by the buyer, including that of the mortgage, if any.

5. Termination

The termination clause defines the consequences imposed on the parties in case of deviation from the code of conduct expected to be adhered by them. The agreement may contain either a ‘termination by convenience’ clause where either party can end the agreement.

6. Dispute resolution

The dispute resolution clause sets out the mechanism by which the parties can resolve their disputes. This is alternative to settling the matter through litigation. Besides this, other processes used to settle commercial contracts include adjudication and mediation.

7. Amenities

The amenities clause helps the purchaser know the additional benefits he will be entitled to and mentions the supplementary amount towards maintenance charges. In case of any default on the amenities sought to be provided, the purchaser may consider it as a breach of contract.

8. Penalty

A penalty clause should be incorporated in the purchase agreement, clearly specifying milestones and the penalties in case of failure from both, seller and buyer.

Finally, registering a legal purchase agreement, is of benefit to the buyer, since it offers protection from legal complications at any stage of ownership or eventual resale. No change can be made once the purchase agreement is drafted and registered. If any change needs to be made, the consent of the buyer must be obtained and an addendum will be made in the agreement.

NRI Investments In India – The Impotant Essential Checklist

0
NRI investments in India: The essential checklist

Presently, Indian real estate is a very popular investment option for most NRIs. However, since they live abroad, it becomes more important for them to do proper due diligence before risking their money.

Mandatory checks

Nowadays, many Indian developers conduct roadshows abroad. NRIs should not be entirely convinced by impressive presentations and glossy brochures. They should have someone trusted visit the property’s site and check the ground realities. Like all real estate investments, the location of the project should be attractive and should enjoy good connectivity.

Pricing is another important issue. “Often, the prices quoted by builders to buyers abroad, are higher than those quoted to domestic buyers. Also, builders don’t offer discounts when selling abroad,” points out Sanjay Sharma, managing director, Qubrex Realty, a Gurgaon-based real estate consultancy. In such a scenario, the international buyer must learn the rate at which the project is being sold in India. Furthermore, they should avoid paying a large part of the cost upfront. In fact, they should opt for either a construction-linked payment plan or the 80:20 or 70:30 scheme. In such schemes, a small portion of the cost is paid upfront at the time of booking, and the balance is paid on possession. Better still, they should opt for finished apartments to avoid the risk of delay in possession.

It may also be wise for NRIs to take a small bank loan, even if they don’t need the money. “When an NRI takes a loan, the bank will do the due diligence on their behalf,” explains Sharma. “It will check whether the builder owns the land on which he is developing the project and has obtained the requisite licenses. This will avoid a lot of trouble,” points out Sharma, adding that he has witnessed quite a few examples of NRIs investing in small builders’ projects and then regretting not having done timely research.

Understanding the law

NRIs investing in India must understand the laws that govern real estate transactions. There are, for instance, restrictions on how quickly the profit from a real estate transaction can be repatriated. NRIs also need to learn whether their gains will be subject to double taxation.

Watch out for

The real estate sector in the developed markets is better governed and more evolved, unlike India. Here, buyers are often subjected to a lot of hassles. Unless an NRI has a trusted person running errands in India, buying real estate in India could be challenging. Then there’s the management of the property as there are not many companies in India still that offer such services. This makes it all the more essential that an NRI has an agent to collect the rent as well as look after its maintenance.

ROI expectations

“The theory of mean reversion suggests that returns from real estate, are likely to be lower than they have been in the recent past,” explains Vishal Dhawan, chief financial planner, Plan Ahead Wealth Advisors. “Therefore, NRIs investing in residential real estate at this point of time, should have reasonable return expectations over a long-term period,” he says. Finally, NRIs also need to be aware that the depreciation of the rupee against their home currency, will also have a bearing on their returns.

Noida Oks Exit Policy To Rescue Realty Projects

0

NOIDA: The three development authorities in Gautam Budh Nagar cleared the long-awaited exit policy for realtors struggling to complete projects in Noida and Greater Noida and approved a series of measures to protect the interests of homebuyers. Primary among those is an escrow account that will monitored by the Noida and Greater Noida Authorities that will be used to finish housing projects running behind schedule.

Advertisement


The Project Settlement Policy, which all these new measures are a part of, has been sent to the state government for approval and will come into force once it gets the green signal, which is only a matter of time.

Noida Authority chairperson Rama Raman said once the state government’s approval comes, developers will have to open the escrow account”. “The account will be for each project of each builder and will be applicable to all the three authorities in Gautam Budh Nagar (Noida, Greater Noida and YEIDA). It will be operated by the builder and the representative of buyers in that project jointly,” he explained.

The exit policy has been chiefly designed for four scenarios that most affect homebuyers and real estate companies in the twin cities.

Scenario 1: If a realtor has been allotted land but hasn’t started construction or created third-party rights, which means the right to sell to buyers. “The project will be cancelled and the realtor can surrender the land to the Authority. But the realtor will have to forfeit 30% of the amount paid to the Authority,” Raman said. If third party rights have been created, the remaining 70% will be returned to buyers, explained Deepak

Advertisement


Agarwal, CEO of the Greater Noida Industrial Development Authority. “The amount returned to the buyer

will be the initial amount paid without interest. If there is an agreement between the builder and buyer on the interest amount, it will have to be borne by the builder,” he added.

Scenario 2: If a builder has completed a project but is unable to procure a completion certificate. The realtor will be provided with a rescheduled payment policy for dues against the land cost. The time-limit for this policy will be decided by the UP government within a month. “In cases where buyers are unable to register their properties, builders have to deposit 10% of the amount due (instead of the current 25%).

Buyers can then register their properties and execute lease deeds,” Agarwal said.

Scenario 3: If a builder has launched a project on a part of the land allotted and the rest is lying unused. The realtor will have to forfeit 15% of the amount deposited with the Authority and will be allotted land proportionate to the remaining amount. This will mean a builder can retain only that portion of the land where a project has been launched. The Authority will take back the rest.

Scenario 4: If a realtor needs a partner to finish a project. “Builders can take on board a co-developer to rescue sick realty,” Agarwal explained. “If builders have leftover floor area ratio (FAR) in their projects, they will be allowed to sell it to co-developers, who will complete the project. Proceeds from the sale will be deposited in an escrow account and used to pay off home buyers.”

Agarwal said the purpose of the policy was not to bail out builders but redress home buyers’ problems. “The idea is to break the deadlock which has been created between the builders and buyers so that buyers can take possession of their long due houses or get their hard-earned money back,” he said.

Advertisement


Amit Modi, vice-president (western UP) of realty body Credai, said, “The exit policy is a positive step in resolving the stalemate in the group housing sector.”

Can Resident Indian Buy Property Abroad

0
Can Resident Indian Buy Property Abroad

The provisions related to owning of an immovable property outside India by a resident Indian, are governed by the Foreign Exchange Management Act (FEMA).

Owning an immovable property

The FEMA restricts Indian residents from owning any immovable property outside India, without a specific or special permission from the Reserve Bank of India (RBI). However, this restriction is not applicable to two types of resident Indians, who are allowed to own an immovable property. The first category consists of people, who are not Indian citizens but reside in India and own an immovable property outside India. The second category includes residents of India, who acquired the property on or before 8th July 1947.

Fresh acquisition of immovable property by an Indian resident

The RBI has given permission to certain categories of people to acquire immovable property outside India. The immovable property can be acquired either through gift or inheritance, or it may be purchased for a consideration. All residents of India are allowed to receive the immovable property, either through gift or by way of inheritance, from a person who has purchased it on or before 8th July 1947. Similarly, a resident is also allowed to receive an immovable property from a person, who had either acquired such property while he was resident outside India, or had inherited the same from a person who was resident outside India at that time.

Indian residents are also allowed to purchase immovable property outside India, subject to certain conditions on the payment of the consideration. The consideration for the purchase can be paid by the Indian resident, from the balance held in his Resident Foreign Currency (RFC) account. A resident Indian is also allowed to buy an immovable property of any value outside India and remit the consideration, within the limits laid down under the Liberalised Remittance Scheme (LRS). The quantum of remittance under the LRS should not exceed USD 2.5 lakhs, every year. This limit is applicable to all the transactions taken together, like overseas education, travel, maintenance of relatives outside India, expenses on medical treatment outside India, etc., and includes the purchase of immovable property.

See also: Dos and don’ts for NRIs Investing in Indian Realty

Lease and other avenues

A resident of India is also allowed to acquire an immovable property outside India under a lease, for a period that does not exceed five years at a stretch. The property so acquired by a person who is resident in India, can be gifted to any of his relatives, including spouse, brother, sister and any lineal ascendant or descendant of the person. If your case does not fall in any of the above categories, you can still buy an immovable property outside India by taking a special permission from the RBI.

Who is a resident of India?

The definition of a ‘resident’ under the FEMA is different from that in the Income Tax Act, 1961, where the period of actual stay determines your residential status. In the FEMA, the intention to stay is the determining factor. A person becomes a non-resident on the day he leaves India, if he leaves for the purpose of employment, business, or for any other reason with an intention to stay outside India for an uncertain period. Likewise, a person coming to India will become a resident, irrespective of his citizenship, if he comes for the purpose of employment, business or for any other reason with an intention to stay for an uncertain period.

Tips For Starting a Small Business From Home

0
Tips For Starting a Small Business From Home

For many start-ups and small businesses, other than the operational cost, the real estate cost proves to be a major impediment in the intended growth. Thus, a number of small businesses are often run from residential areas. Consultants, advocates, doctors, etc., run their work from their homes. While converting a house premise into an office can help one to save on real estate cost, there are other permissions and expenses that one incurs while doing so.

What does ‘commercial’ mean?

Legally, consultants, advocates and doctors can run their business from their house.

In a case filed under the Karnataka Shops and Commercial Establishments Act, 1961, the court had clarified that home offices run by chartered accountants, lawyers and doctors, will not be considered as a commercial activity as the work involves intellectual exercise and not physical labour. Running yoga classes or tuition classes from home, will also not be counted as a commercial activity, because the services rendered by the said professionals will not be categorised under sale and purchase of goods.

However, there is a difference between running an office from your residential premise and running a commercial business from your home. “The said practice of running an office from a residential apartment is widely accepted in different parts of the country. In Mumbai, an area of 220 sq ft in a residential apartment can be used for commercial activities. This set-up has also become popular in Delhi, owing to the increase in practice of ‘intellectual’ professions – for example, doctors, lawyers, tuition centres, etc.,” explains Ekank Mehra, a New Delhi-based lawyer practicing in the Supreme Court.

See also: 

If you are in any profession, other than the ones mentioned above, you can still run your office, adds Mehra. “However, when there is a movement of goods from the residential premise, or if the premise is being used as a godown, the activity turns into a commercial one. This would require approvals/ licences from local municipal offices and other related authorities, such as the fire department and the local police station,” he elaborates.

How can you convert your home into an office?

You need to first inform your residents’ welfare association (RWA). This is a must if the business involves movement of goods and storage. In case you are put up in a rented accommodation, you will need to seek permission from your landlord in addition to the RWA.

While working from your own office is more cost-effective, the work may happen at a relaxed pace. On the flipside, a house address may not be very convenient for a client meeting. Other disadvantages of having an office in a residential premises, may include the absence of outlets that serve food, sitting area, and other basic infrastructure. “Issues with vehicular movement and parking may also pose hurdles,” points out Manisha Singh, an independent Delhi-based company secretary, who started a small consulting business around three years ago. Singh took written permissions from the RWA, to open her office at home and for an extra designated parking.

Any change of address at a later stage, may also involve documentary and regulatory procedures.

Moreover, in case the activity is deemed commercial, your house will incur a property tax applicable on commercial properties. Even the water and electricity charges will be levied on the basis of a commercial property.

There may also be associated renovation costs that you will incur, to give your house an office environment.

How to Decide to Rent and Buy a House

2
How to Decide to Rent and Buy a House

Fools build houses, and wise men live in them’. This British proverb is often used in arguments against buying a house. Investing in a house is a very important decision, as the amount needed takes up almost all of one’s savings. In my opinion, the question should be: ‘When should you buy a house and when should you stay in a rented accommodation?’ rather than arguing about the rationality of owning a house.

Why and when should you stay in a rented house?

Banks, normally, do not give more than 80% of a property’s cost as home loan, while the buyer needs to shell out the balance 20% of the margin money, from one’s own funds. Looking at the prevailing cost of residential houses in cities, you have no option but to stay in a rented house, till you are able to save enough to fund the margin money.

If you are an employee who has been posted in a place for a short duration, or you are working in a place where you do not intend to settle, renting a house makes better sense, until you decide on the city where you intend to settle. Real estate transactions have some costs that cannot be recovered, like stamp duty, registration charges and brokerage for sale and purchase of the house.

See also: 

The size of your family will also affect your decision. You may need a bigger house, in case you are planning to expand your family. In case you have enough margin money and have already decided to buy a house, but you are unsure about the locality, then, you could take a house on lease in that locality to experience the stay, before making a commitment.

Why and when should you buy a house?

It is definitely a good idea, to own a house. So, in case you are able to arrange the margin money and are confident that you will be able to service your home loan, you should buy the house. However, even if you have sufficient funds, you should take into account, whether you intend to stay in the same locality or the city.

To base your decision to buy a house merely on the cost-benefit analysis of rental versus cost of funding the house, does not make sense because the rentals generally vary from 2% to 4% of the capital value of the house, whereas, the cost of borrowing is generally around 10% for home loans, thus, leaving a gap of 8%. Nevertheless, this comparison does not reveal other tangible and intangible benefits of owning a house.

You should never defer the purchase of your first house, in the expectation of a correction in prices. This is evident from the fact that everyone has been expecting a major price correction for the last five years. People who postponed their decision to buy a house, have probably missed the bus for good. Over the long-term period, property prices on an average increase by around 9%. You should take this appreciation into account, while doing the overall cost-benefit analysis. Owning a house also provides a certain mental and psychological satisfaction and creates a sense of security.

Why you Should Thoroughly Read your Builder-Buyer Agreement

0
Why you Should Thoroughly Read your Builder-Buyer Agreement
Why you Should Thoroughly Read your Builder-Buyer Agreement

The builder-buyer agreement is an immensely important document as it is the legal contract between the builder and the buyer. If the developer does not keep his word on any count, it is the most important legal document that the buyer will have to fall back on. Many builder-buyer agreements are heavily tilted in the builder’s favour. We discuss some of the common provisions and their implications for you.

Builder-Buyer-Agreement-The-most-important-document-for-a-homebuyer-

Construction timeline

The agreement says that the builder will offer possession of the apartment (usually) within 36-42 months from the ‘start of construction’. Note, that it does not say that possession will be offered within the specified time from the ‘date of booking’. The commencement of construction is entirely up to the builder’s discretion. Some developers take the liberty of considering construction to have started after the excavation work is completed.

Price escalation clause

Builders include this clause in the agreement which allows them to raise the price of the apartment. If the project has been delayed, it could be due to the builder’s fault. They then penalise the buyer by raising the cost, claiming that raw material and other input costs have increased.

Area change

The agreement could include a clause allowing the builder to change the square footage of the apartment. If it has increased, he charges extra for it. “What changes, is not the carpet area but the super area,” explains Anuj Sood, head of Noida-based Sood Properties. “You may end up paying 10-15% extra, while the benefit to you, in terms of the additional area, may be marginal or nil.”

Payment delay

The agreement says that if the buyer delays in paying an installment, there will be interest to pay as well. The charge could be hefty – as much as 18-24% compounded quarterly. The developer may even include a clause stating that if you delay payment beyond a point, he reserves the right to cancel your allotment and that you may have to forfeit the earnest money, which could be as high as 20-25% of the total cost. The balance will be returned to you without any interest.

See also: How to Decide to Rent and Buy a House

Payment on actual cost basis

The agreement may say that you will have to pay for certain items on actual cost basis at the time of possession. He may then spring an unpleasant surprise by demanding an unexpectedly high amount. This could be for things like club membership, electricity connection charge, etc. Similarly, at the time of booking, he may not specify the PLC (preferential location charges). Later, he could charge you anywhere from Rs 100 to 500.

Building plan changes

According to norms prevailing in some states, if the developer changes the building plan, he must take the buyer’s written consent. “Some developers have now begun to insert a page in the builder-buyer agreement, wherein, they take the consent beforehand,” adds Sood.

Transfer charges

This has to be paid to the developer if the apartment is resold before possession. Often, this charge is not disclosed clearly. Just for changing the name of the owner of a flat in his records, he could charge Rs 25-500 per sq ft.

Finally, there is the question of what the buyer can do if the builder-buyer agreement is tilted in the developer’s favour. Ideally, the buyer should be able to get the document changed. “In reality, developers refuse to change the provisions of the agreement, arguing that it is a standard document,” points out Bibhash Surya, head of Sri Sai Dreamlands, a Noida-based real estate consultancy. “The buyer usually has no option but to walk away from very toxic contracts.”

Builder-buyer agreement iStock 1

Real estate Basics – What is a Commencement Certificate?

0

A commencement certificate is a document from the local municipal authority that permits the developer to begin construction of the project. The commencement certificate (or CC) is usually granted, only after the developer has met the legal requirements and obtained the relevant sanctions for the building’s plan.

How can a developer obtain a commencement certificate?

Before beginning the construction of a new building or project, the developer must obtain a commencement certificate from the local authorities. Once the developer submits his plan for the project, the municipal authority will begin conducting several preliminary checks, before authorising that the project is fit for commencement. During this time, the developer must be able to provide all the necessary no-objection certificates (NOCs) that are needed to beginning a new construction. He will also need to show proof of having obtained clearances from all the relevant departments, namely, the water department, fire department, sewage department, electricity department, etc.

The commencement certificate is usually issued in two stages – first up to the plinth area and then, for the superstructure. The developer receives the commencement certificate, based on the findings of the inspection by authorities of the town planning and engineering departments. After having obtained all the required licences and sanctions for the project, the developer lays the foundation of the superstructure and builds the boundaries of the project. Under the new RERA guidelines, a valid commencement certificate is a mandatory document, for a project to be considered RERA-approved.

What is the importance of a commencement certificate for a home buyer?

Until a developer receives the commencement certificate for his project, he is not authorised to begin construction on it. Therefore, a home buyer must not invest in a project, if the developer is unable to furnish a valid commencement certificate for it. One must also check whether the commencement certificate obtained by the developer, includes the floor on which he/she wishes to buy a property.

If you were to purchase a property in a project that does not have a valid commencement certificate, you run the risk of being the owner of an illegal property. This not only affects your legal title to the property, but you may also have to pay the necessary fines, for buying a property in an illegal project.

A commencement certificate is as important as an occupancy certificate. It ensures that you are purchasing a property in a project that has fulfilled all requirements. It cements your title over the property and saves you from possible legal troubles in the future.

STORIES