BUYERS GUIDE

A lot of care is needed while buying new flat to avoid legal hassles. If proper planning is not done prior to property buying, your property can turn into a nightmare. A well thought out helps you to avoid future problems and buying an apartment that meets your requirement. Following tips helps you to buy an apartment or property.

PURCHASE / SALE OF IMMOVABLE PROPERTY BY NRI's

The provisions relating to purchase / sale of immovable property in India by Non-Resident Indians (NRI's) are provided in the Foreign Exchange Regulation Act, 1973 and the Income-Tax Act, 1961. As a consequence of the liberalization in Exchange Control policy and procedures, the government has brought about major legislative and policy changes to encourage NRI investments in real estate. The salient features of liberalized policy and updated position are discussed in detail below.

Define your requirement:

This is first and important thing you need to consider for buying an apartment or property. Requirement of home buyers differ from one buyer to another depending on their lifestyle, family size, preference, usage etc. Defining your preference or requirement helps to save time on unyielding and time consuming deals for inappropriate properties. It will also help your real estate agent to come up with the right property faster. You will have to focus on factors like financing, real estate service providers, paperwork involved and other legal and regulatory issues.

Legal aspects of property:

Once your requirement is defined and you found right property, check the legal aspect of the property. Be sure that the developer has acquired approvals and No-Objection-Certificate (NOC) from the Municipal Corporation, Area Development Authorities, Electricity Boards, Water Supply & Sewage Boards and concerned authorities. Ensure that the developer has entered into proper development agreements and property has clear titles. Every bank conducts a legal check on your documents to validate their authenticity before sanctioning Home Loan. As a buyer, it gives you confidence that your property has been inspected by experts and your property is legally clear and technically sound.

Property under construction:

A home buyer books the property when builder or developer launches new project or property under construction. For a project under construction, you should ask for the allotment letter and development agreement. The development agreement is linked between the builder and the landowner and contains details regarding the terms and conditions on which the landowner has permitted development of his property. In case of constructed properties, you should ensure that the seller has the title and possession of the property as well as the right to transfer the property. Check whether dues such as property tax, society, water and electricity bills, etc. have been paid in full. Make sure to take possession of all relevant documents.

Duties and Taxes:

Understanding Government policy and other legalities Stamp duty, Service tax etc will be extremely handy in making an informed choice of property. The stamp duty is usually a percentage of the transaction value levied by the state government, on every registered sale. The final sale deed should be stamped and registered at the appropriate local area office. The service tax will be charged on those payments made on residential projects which are still under construction.