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Buying Guide (17 questions)
1. What is RERA, and why is it mandatory to check?
The Real Estate (Regulation and Development) Act, 2016 (RERA) protects homebuyers from developer fraud and project delays. Always check if the property has a valid RERA registration number on your state's official RERA portal. Buying a non-RERA registered property carries severe risks of construction delays and legal litigation.
2. How do I check if a real estate project is registered under RERA?
To check if a real estate project is registered under RERA, you can visit the official RERA website of the respective state or union territory and search for the project using its registration number or details.
3. What is the difference between Carpet Area, Built-Up Area, and Super Built-Up Area?
Understanding area definitions prevents you from paying for space you cannot legally use:
- Carpet Area: The actual usable area inside the apartment where you can lay a carpet (excludes wall thickness and common areas).
- Built-Up Area: The carpet area plus the thickness of inner/outer walls and balconies.
- Super Built-Up Area: The built-up area plus your proportionate share of common areas like lobbies, lifts, stairs, and clubhouses. Builders often price flats based on this metric.
5. What are the taxes and fees associated with buying a property in India?
The taxes and fees associated with buying a property in India include stamp duty, registration charges, Goods and Services Tax (GST) on under-construction properties, and property tax.
Stamp duty and registration charges vary from state to state.
6. What documents are essential for property registration in India?
The standard paperwork needed to register a property in India generally consists of the sale deed, ownership title records, identity and address proofs for both buyers and sellers, PAN cards, and recent passport-sized photos.
7. Which legal documents must I verify before purchasing a property?
Never buy a home without verifying these primary title records:
- Title Deed: Confirms the seller holds actual ownership of the land.
- Registered Sale Deed: The primary legal document that transfers property ownership from a seller to a buyer after being officially recorded at the local Sub-Registrar's office under the Registration Act, 1908.
- Mutation certificate: An official revenue or municipal document used to update property ownership records when a property is sold, gifted, or inherited
- Encumbrance Certificate (EC): Proves the property is free of legal liability or pending bank loans.
- Commencement & Completion Certificates: Issued by local municipal authorities to verify the construction adheres to local building bylaws.
8. How to check if a property has any pending legal issues or disputes?
To find out if a property has active court cases or ownership conflicts, you can hire a legal professional to perform a due diligence check. This process includes scanning judicial records, running property registry searches, and authenticating ownership papers.
Furthermore, if you apply for a bank home loan, the financial institution will handle this entire legal investigation on your behalf before approving the funds.
9. How to choose location before purchasing a property?
Location of your property is very vital as your quality of life will depend on the location you choose for your home. Always choose location based on:
- Ease of commute
- Connectivity with your workplace
- Presence of neighbourhood amenities like schools, hospitals & markets
- Return on investment
- Safety & security
10. What are the different property types?
Under Construction – Basic elements of Under construction properties are:
- Suitable for investors
- Property value – Below market rate
- Safety of Money – High risk
- Hand over date – Expect delays
- Build quality – Can only be verified at the time of possession
- Social and physical infrastructure – Can only be verified at the time of possession
- Profit potential – Very High
- Loan facility – Varies with projects
Ready to move – Basic elements of Ready to move properties are:
- Suitable for End users
- Property value – Above market rate
- Safety of Money – Secure
- Hand over date – Immediate
- Build quality – Can be verified before purchase
- Social and physical infrastructure – Mostly present
- Profit potential – Low return on investment
- Loan facility – Easily available
Resale– Basic elements of Resale properties are:
- Suitable for End users & Investors
- Property value – At market rate
- Safety of Money – Secure
- Hand over date – Immediate
- Build quality – Can be verified before purchase
- Social and physical infrastructure – Mostly present
- Profit potential – Normal
- Loan facility – Easily available
11. What is the process for obtaining a home loan from Indian banks or financial institutions?
The process for obtaining a home loan from Indian banks or financial institutions typically involves the following steps:
1. Pre-qualification: Determine your eligibility and borrowing capacity.
2. Application: Submit the required documents, including income proof, identity proof, address proof, and property documents.
3. Verification: The bank verifies your documents and assesses your creditworthiness.
4. Approval: Upon approval, the bank issues a loan sanction letter with the loan amount, interest rate, and repayment terms.
5. Disbursement: The loan amount is disbursed directly to the seller or builder, or as agreed upon in the property transaction.
Some banks offer up to 90% of the plots value and 80% of the flat value as loan.
12. What is the importance of the Occupancy Certificate (OC) in Indian real estate?
An Occupancy Certificate (OC) is an official paper given by local city authorities to confirm that a property's construction is finished according to the cleared blueprints and is ready for people to live in. It serves as proof that the structure adheres to all relevant building laws and safety standards.
13. What is the process for purchasing property as a non-resident Indian (NRI)?
Non-Resident Indians (NRIs) face specific regulations and constraints when purchasing real estate in India. While they are permitted to acquire both commercial and residential properties, these transactions must strictly comply with the terms and boundaries established by the Foreign Exchange Management Act (FEMA) and the Reserve Bank of India (RBI).
14. What are the restrictions on NRI property ownership in India?
Foreign property laws restrict Non-Resident Indians (NRIs) from directly purchasing farmhouses, agricultural fields, or plantations in India. Even so, they can still legally own these specific properties if they receive them as an inheritance or through a legacy bequest.
15. What makes more sense Buying or Renting?
Prior to choosing between buying and renting, a thorough financial analysis is essential. If there is any possibility of purchasing a property, look into available down payment and home loan options. Although renting might appear cost-effective initially, monthly rental payments yield zero long-term returns.
16. When is the stamp duty supposed to be paid?
A stamp duty tax applies to almost every property ownership transfer. This fee is determined by the total market value of the real estate and changes depending on the specific city where the transaction occurs.
17. Can a property with an active mortgage be placed under a sale agreement with a buyer? What are the specific operational steps and legal modalities required to complete such a deal?
When dealing with a mortgaged property, the outstanding bank loan must be addressed first. The primary requirement is to settle the remaining debt to clear the title before transferring and registering the property in the buyer's name. Alternatively, a simultaneous execution can be arranged, where the seller, the buyer, and the lending bank concurrently sign the transaction documents to close the loan and register the deed at the same time.