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Buying And Renting Real Estate In India
- By James Gunaseelan
- Published 03/3/2010
- General
James Gunaseelan
James Gunaseelan is an author on real estate India topics. Learn more by reading his articles on real estate which include extremely useful tips and advice.
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Real estate India is the next big thing. If you are planning to purchase real estate there, here are some requirements you should secure.
Important Real Estate Documents
-First of all, when you buy real estate you must secure a title deed. This is the most important because this is the document that proves that you own the property. In any transaction involving this piece of property, whether you intend to rent it out or obtain a loan against it, you will be required to produce this deed. Also, when you intend to sell it, it is compulsory to transfer this document in its original form to the new owner. Even when you do so, it is always advisable to keep a copy for yourself, so that you can someday compute the total gains you have earned in the long run. Make sure that if you are not selling the entire property, just a part of it, that you do not give the original document of the deed to the sub-owner. This may lead to fraud and complications later on if you are not too cautious.
-Then, you must have a sales agreement. Here, the location, house number, tenure of payment, price and its modalities, and the day you came to possess the property are noted.
-Third, even if you have the deed, you should also obtain a letter that validates ownership of the property. This is especially important if you are buying a big piece of land or the amount involved in the transaction is a big one. There have been instances of scams in the past, where the buyer ended up with a property that the seller had mortgaged, and other such scenarios. If proof further than the deed is required, this is the document to whip out. If this is absent, one must go to such lengths such as visiting the registrar’s office and browsing for a record of mortgaged properties.
-You must also ask to see a certificate that proves that the person selling the property to you has been paying his income taxes. Whether you are in India or another country, the seller is usually prohibited to sell property of this magnitude if his dues are not cleared. If he doesn’t have one, tell him to procure on from the Income Tax Department as evidence of his clearance.
-Also sign a memorandum of understanding wherein all the terms and conditions of your payment are cited, especially if you are paying in installment. Check that these are exactly as you agreed upon.
Government Requirements
-In real estate India, you will also need to obtain a document called Form 371 which means that the government gives you permission to go through with the transaction. This depends on the amount involved in the transaction, and the minimum varies from one place to another throughout India. This process takes about three months to complete, and both people involved in the transaction will have to file for it.
-The government in India also imposes stamp duty, which includes all agreements relating to property. The amount is also different per state, and depending on the value of the property purchased. Stamp duty is paid during registration, which is performed by a Registering Officer appointed by the State Government. The date this must be done depends on the state as well.
Every person, at one point in his life, has to start thinking about real estate, whether he is renting or buying for personal use or selling property. This is always a good investment, and a wise move is to pick up the trend and venture into real estate India.
Important Real Estate Documents
-First of all, when you buy real estate you must secure a title deed. This is the most important because this is the document that proves that you own the property. In any transaction involving this piece of property, whether you intend to rent it out or obtain a loan against it, you will be required to produce this deed. Also, when you intend to sell it, it is compulsory to transfer this document in its original form to the new owner. Even when you do so, it is always advisable to keep a copy for yourself, so that you can someday compute the total gains you have earned in the long run. Make sure that if you are not selling the entire property, just a part of it, that you do not give the original document of the deed to the sub-owner. This may lead to fraud and complications later on if you are not too cautious.
-Then, you must have a sales agreement. Here, the location, house number, tenure of payment, price and its modalities, and the day you came to possess the property are noted.
-Third, even if you have the deed, you should also obtain a letter that validates ownership of the property. This is especially important if you are buying a big piece of land or the amount involved in the transaction is a big one. There have been instances of scams in the past, where the buyer ended up with a property that the seller had mortgaged, and other such scenarios. If proof further than the deed is required, this is the document to whip out. If this is absent, one must go to such lengths such as visiting the registrar’s office and browsing for a record of mortgaged properties.
-You must also ask to see a certificate that proves that the person selling the property to you has been paying his income taxes. Whether you are in India or another country, the seller is usually prohibited to sell property of this magnitude if his dues are not cleared. If he doesn’t have one, tell him to procure on from the Income Tax Department as evidence of his clearance.
-Also sign a memorandum of understanding wherein all the terms and conditions of your payment are cited, especially if you are paying in installment. Check that these are exactly as you agreed upon.
Government Requirements
-In real estate India, you will also need to obtain a document called Form 371 which means that the government gives you permission to go through with the transaction. This depends on the amount involved in the transaction, and the minimum varies from one place to another throughout India. This process takes about three months to complete, and both people involved in the transaction will have to file for it.
-The government in India also imposes stamp duty, which includes all agreements relating to property. The amount is also different per state, and depending on the value of the property purchased. Stamp duty is paid during registration, which is performed by a Registering Officer appointed by the State Government. The date this must be done depends on the state as well.
Every person, at one point in his life, has to start thinking about real estate, whether he is renting or buying for personal use or selling property. This is always a good investment, and a wise move is to pick up the trend and venture into real estate India.
