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| Q-1. |
What documents are required while buying commercial or residential property? |
| A1. |
When buying commercial
or residential property you would need to check for the following
documents:
Market Trends about prevalent rates of property
in the vicinity and last known transactions.
Identify the property you wish to purchase.
Formulate commercial terms.
Distinguish between terms and conditions of the contract which
are negotiable and those which are fixed e.g. price, payment
schedule, time of completion etc.
Avail of services of magicbricks.com. List your requirements
with a reputed broker.
Ask for photocopies of the all deeds of title related to the
property to be purchased. Examine the deeds to establish the
ownership of the property by seller, preferably through an
advocate. Ascertain the survey number, village and registration
district of the property as these details are required for
registration of the sale. Previous encumbrances and loans,
if any, on the property must be cleared before completion
of purchase of the property. The title of the Vendor to the
property must be clear and marketable.
Finalise commercial terms of purchase of the property. Ascertain
transfer fees, stamp duty and registration charges to be paid
on purchase of the property.
Ascertain outgoings to be paid for the property i.e. property
tax, water and electricity charges, society charges, maintenance
charges.
Request Vendor to obtain, if applicable, consent, permission,
sanction, no objection certificate of various authorities
such as the (a) society (b) the income tax authority (c) Municipal
Corporation (d) the competent authority under the Urban Land
Ceiling and Regulation Act (e) any other authority.
Will you require a loan for making payment of the consideration
amount. Ask for a pre-approval letter from the lending institution.
Permanent Account Number of Vendor and Purchaser under Income
Tax laws Payment of stamp duty on the formal agreement or
document for transfer of the property, signing by both the
Vendor and Purchaser and registration
After payment of the entire sale price, take over legal possession
of the property alongwith documents of title in original from
the Vendor of the property
Change name of the holder of the property to the purchaser
in the records of the society, electricity company, municipal
corporation, Index II etc.
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| Q-2. |
What is Stamp Duty and who is liable to pay the Stamp Duty, the buyer or the seller? |
| A2. |
Stamp Duty is a tax, similar to sales tax and income tax collected by the government, and must be paid in full and on time. A stamp duty paid instrument/document is considered a proper and legal instrument/document.
The liability of paying stamp duty is that of the buyer unless there is an agreement to the contrary. Section 30 of Bombay Stamp Act, 1958 states the liability for payment of stamp duty. |
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| Q-3. |
What is meant by the market value of the property and is Stamp Duty payable on the market value of the property or on consideration as stated in the agreement? |
| A3. |
Market value means the price at which a property could be bought in the open market on the date of execution of such instrument. The Stamp Duty is payable on the agreement value of the property or the market value, whichever is higher.
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| Q-4. |
Are there any formalities to be completed or forms to be filled on execution of the Sales Deed or document of transfer? |
| A4. |
Yes. The formalities and forms may vary from State to State depending on where the property is situated.
Every State has its set forms under the Registration
Rules that are required to be filled and filed along with
and at the time of Registration of Sale Deed/Transfer Deed.
Under the provisions of the Income Tax Act and Rules for a
transaction of sale, it is now compulsory for the Purchaser
and Seller to give their Permanent Account Number and in the
event of either the Seller and/ or the Purchaser would be
required to fill Form 60 of the Income-Tax Rules.
In case of either the Purchaser or the Seller being a Non-Resident
Indian, not assessed to tax in India, such a Party would be
required to file Form 60 of the Income-Tax Rules.
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| Q-5. |
What are the permission and papers that one should check with the builder when buying a flat in a building which is under construction? |
| A5. |
When you are buying a flat from a builder in a building under construction, you have to check the following things:
Approved plan of the building along with the
number of floors.
Whether the floor that you are buying is approved.
Whether the land on which the builder is building is his or
he has undertaken an agreement with a landlord. If so, check
the title of the land ownership with the help of an advocate.
The building byelaws as applicable in that area and ensure
that the builder is building without any violation of front
setback, side setbacks, height, etc.
Check if the specifications given in the agreement to sell
of the sale brochure match on the ground or not?
Whether urban land ceiling NOC (if applicable) has been obtained
or not.
NOC from water, electricity and lift authorities has been
obtained.
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| Q-6. |
Who is the appropriate authority for knowing the market value of the property? |
| A6. |
The Sub-Registrar of the area, in whose jurisdiction the property is located, is the appropriate authority for knowing the market value of the property. |
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| Q-7. |
What formalities need to be completed by foreign citizens of Indian origin for purchasing residential immovable property in India under the general permission? |
| A7. |
They are required to file a
declaration in for IPI and with the central office of Reserve
Bank at Mumbai within 90 days from the date of purchase of
immovable property or final payment of purchase consideration,
along with a certified copy of the document evidencing the
transaction and the bank certificate regarding the consideration
paid. |
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