GENERAL
Typically, if a real estate agent is asked to judge the value of a piece of property, he would do so based on information of recent sales or purchases of similar properties in that area.
Typically, if a real estate agent is asked to judge the value of a piece of property, he would do so based on information of recent sales or purchases of similar properties in that area.
Though this may give a fair idea of the property’s market value, an official property valuation would carry more weight. E.g. if you need to use this piece of property as a security against a loan, the bank’s loan approval process would be faster and smoother if the property is certified by an official evaluator. Many banks now insist on valuation certificates before issuing loans using properties as security. The value thus certified may also have chances of getting a higher amount of loan sanctioned.
Another benefit of official valuation is that it is a useful negotiating tool when selling the property.
Such certification also becomes essential in situations where the correct value of the property has a legal bearing—such as, a will statement, insurance papers, business balance sheets etc.
The price that a property can command in the open market is known as its market value. Stamp duty is based on the market value or the agreement value of the property, whichever is greater.
When a piece of property is given or ‘leased’ to an individual (known as the ‘Lessee’) for a stipulated period of time, by the owner of the property (known as the ‘Lessor’), the property is referred to as Leasehold Property. A certain amount is fixed by the Lessor to be paid as lease premium and annual lease. The land ownership rights remain with the Lessor. Transfer of property requires prior permission.
When ownership rights for a piece of property are given to the purchaser for a price, that property is referred to as Freehold Property. Unlike in the case of leasehold property, no annual lease charges need to be paid and the freehold property can be registered and / or transferred in part(s).
There are several benefits: if you convert the property to a freehold property, you become a full-fledged owner by getting the sale deed and having it registered. A freehold property has better marketability and can be sold, mortgaged or kept for standing security, which cannot be done with leasehold property.
If the transfer takes place within three years of purchase, the income tax exemption under Section 54F of the Income Tax Act does not hold good.
An agreement of sale, coupled with actual possession of the property would be considered as a conclusion of the sale. Usually, the entire amount is paid at the time of handing over possession.
Property valuation is the process of determining a fair market value for a property. It considers factors like location, size, condition, recent sales in the area, and current market trends. This valuation is crucial for buyers, sellers, and lenders to make informed decisions.
A property's market value is the estimated price a willing buyer would pay to a willing seller in an open market. Stamp duty, a tax on property sales, is typically calculated on the higher of the agreed-upon sale price or the government-determined market value.
Leasehold property means you're buying the right to use a property, not the land itself. It's like a long-term rent, typically for decades, with ownership eventually returning to the original owner. Before opting for leasehold properties, it's important to understand the terms and potential costs associated with renewal.
Freehold property means you own the land and the building outright, "free from hold" of any other entity. This grants you complete ownership with the ability to modify, sell, or inherit the property without restrictions (aside from following local regulations).
Yes, converting a leasehold to freehold offers:
- Higher value: Freeholds generally sell for more than leaseholds.
- More control: You can freely modify the property.
- Long-term security: No lease expiry worries or renewal costs.
- Simpler financing: Mortgages are typically easier to obtain for freeholds.
Yes, there can be income tax considerations when transferring newly acquired property, depending on several factors:
- Type of Transfer: Is it a sale, gift, or inheritance? Each has different tax implications.
- Holding Period: How long you've owned the property affects whether any capital gains tax applies.
- Purpose of Acquisition: Was it bought for investment or personal use?
It's important to consult a tax advisor to understand the specific tax implications for your situation.
Property sale concludes with a signed contract (terms, price, closing date) and official ownership transfer (recorded with government). This formalizes the agreement and ensures legal protection for both buyer and seller. In some cases, additional steps like final payment and key handover might be involved.
Choosing an apartment? Know the area!
- Carpet area: The usable space within your walls (think furniture placement).
- Built-up area: Adds wall thickness, balconies, etc. to carpet area (10-15% larger).
- Super built-up area: Includes built-up area PLUS your share of common areas (halls, amenities) - what you pay for (25-30% more than carpet area).
Gifting property comes with some fees. You'll pay stamp duty, a tax on the property value (2-7% depending on location and relation to the recipient), and a government registration fee (usually fixed). Who pays (donor or recipient) varies by location, so consult a local lawyer for specifics.
Building a lease agreement requires the landlords and tenants to gather details like address, lease term, rent, and security deposit. Finally, specifics like pet policies, maintenance, and lease termination are added and potentially negotiated to ensure everyone's on the same page. Once reviewed, both parties sign the agreement.
BUYER’S CORNER
Owning property has no legal limit, but complexity explodes with each acquisition. Factor in management headaches, potential tax burdens, and the impact on your overall financial strategy. Consulting a financial advisor can ensure you're building a sustainable real estate portfolio that aligns with your long-term goals.
Capital gains tax exemptions depend on location. Consider reinvesting sale profits (often in another property) within a timeframe to potentially avoid tax. Long-term ownership (over a year) may qualify for lower rates. Exemptions for primary residence, inheritance, or business property might exist. Consult a tax professional for specifics.
The key difference lies in the holding period before selling the asset.
- Long-term capital gains: These arise from selling an asset you've held for more than a year. These get taxed at lower rates or might even be exempt.
- Short-term capital gains: These result from selling an asset held for one year or less. They are taxed like income (higher rates). Holding period = key!
In property transactions, capital gains refer to the profit you make by selling the property for more than you purchased it for (including any renovation costs). This profit is considered income and may be subject to capital gains tax.
Many states offer lower or exemption from stamp duty rates for gifts compared to regular sales, especially for close relatives (parents, children, spouse, siblings). It could be a small percentage of the value that varies in different states.
Stamp duty is a tax levied by the state government on the transfer of ownership of property. Typically, the buyer is responsible for paying the stamp duty during a property sale. However, there are no direct tax benefits that come with paying stamp duty itself.
Property tax rates in India vary by state and municipality. They typically range from 5% to 20% of the annual rental value or market value of the property, with residential properties often having lower rates compared to commercial ones.
Flat size matters! Common methods for maintenance charges include –
- Per sq ft: Bigger flats pay more based on area.
- Occupancy-based: More occupants, slightly higher charge for shared resources.
Some societies might combine these or consider amenities, floor level, and building age too. Check your society's rules for specifics.
Co-op societies collect a Sinking Fund to build a financial reserve. This prepares them for future major repairs or replacements (roof, plumbing, etc.) to maintain the building's structural integrity and value.
Buying from a company? Do your homework! Research the developer's reputation, understand if it's freehold (you own the land) or leasehold (you just rent it), and confirm there are no hidden debts on the property. Be cautious, but informed!
SELLER’S CORNER
Buyers will expect proof of ownership (sale deed or copy), property tax receipts showing you're up-to-date, and an encumbrance certificate confirming no claims on the property. No-objection certificates for utilities and building plans might be needed too. Consult a local expert for a smooth sale.
Buyers in India typically shoulder stamp duty on property sales, validating the ownership transfer. Exceptions exist for property exchanges (split cost) and rare situations governed by state regulations (seller might pay). Consult a local expert for specifics in your case.
Signing's just the start! Register the Sale Deed with the local sub-registrar's office to make it official. Both sides fill out government forms, and fees (including stamp duty for buyers) are paid. After verification, the sub-registrar finalizes registration and grants the buyer a certified copy of the Sale Deed as proof of ownership. Consider consulting a local lawyer or real estate agent for a smooth process.
Yes, registering property sale documents is mandatory. An unregistered sale deed is invalid and doesn't transfer ownership rights. Registration occurs at the sub-registrar's office and involves submitting forms, paying fees, and verification. Consulting a local lawyer is recommended for specifics.
A residential property sale is considered finalized upon successful registration of the Sale Deed. This typically happens after both parties sign it, relevant forms are submitted, fees are paid, and the sub-registrar verifies and finalizes the registration. It's the official transfer of ownership.