PROPERTY REGISTRATION

WHAT IS PROPERTY REGISTRATION?

As per the provisions of Section 17 of the Registration Act, 1908, registering a property is a simple process. Once all the necessary formalities are conducted and all the required documents are submitted, one will obtain legal ownership of the property, i.e. the possession and disposal of the property gets transferred to the new owner.

The steps to property registration includes:

  1. Verification of the title of the property
  2. Estimation of the property value
  3. Preparation of the stamp papers
  4. Getting the sale deed ready
  5. Payment of stamp duty & registration charges
  6. Approach the sub-registrar for registration
  7. Documents submission
  8. Completion of registration

IS PROPERTY REGISTRATION A MUST?

It is important to remember that registering your dream home is a legal requirement in India for it to become your own. As per the Indian Property Act of 1908, Section 17, property registration is mandatory as it establishes your rightful ownership of the property. If you fail to register the property in your name, the seller from whom you have purchased the property will continue to be the legal owner, and you will not have any legal rights or responsibilities related to the property. Therefore, it is crucial to follow this law and complete the property registration process to ensure that you become the legal owner of your dream home.

WHAT ARE THE CHARGES FOR PROPERTY REGISTRATION?

Purchasing a home can be a daunting task, as it involves significant financial planning and knowledge of the various procedures and costs associated with home buying. This includes selecting the best home loan plan based on your financial capacity, paying your down payment, and initiating the property registration process. Once you have taken possession of the property, it is crucial to register it in your name by paying the stamp duty. The government levies a tax on property registration, and the rate varies from state to state, usually around 1% of the property price. In Maharashtra, the government has implemented a flat registration fee of INR 30,000 for properties valued over 30 lakhs. It is essential to be aware of these charges and comply with the legal requirements to ensure a smooth and hassle-free home buying experience.

HOW MUCH TIME DOES IT TAKE FOR THE DOCUMENTS TO GET REGISTERED?

The property registration process typically takes approximately a week to complete. It begins with the preparation of the final deed by the buyer’s lawyer, whose fee usually amounts to around 1% of the property price. This stage takes approximately 5-7 days to finalize. In addition to this, the buyer is also required to pay the stamp duty, which varies from state to state but is generally around 5% of the true market value of the property. For instance, in Mumbai, the stamp duty is 5%. Once the payment is made, the bank issues a receipt and acknowledges the payment, which usually takes only a day to complete.

CAN I REGISTER MY PROPERTY ONLINE?

Mumbai offers the convenience of online property registration, which can be initiated by determining the circle rate to ascertain the actual value of the property being purchased. Subsequently, an online stamp duty calculator can be used to estimate the registration and stamp duty amount. For online flat registration, the fees can be paid online, and a receipt can be obtained for the same. However, an appointment for registration can only be made after the payment of registration fees and stamp duty has been processed. Payment can be made through net banking, credit, or debit cards. TDS also has to be paid online, and a receipt can be obtained for the same. All OTPs and details related to the property registration will be sent to your mobile, including a message regarding the registration. However, it’s important to note that visiting the registration office is mandatory for registering the house.

WHAT ARE THE CURRENT RATES FOR THE DIFFERENT PROPERTY TAXES THAT NEED TO BE PAID?

Property tax is a mandatory payment made by property owners to their local municipal body. It is calculated based on the assessment made by the municipal authority and is levied annually. The tax is charged on all tangible assets owned by the person, and the rate and valuation methods differ from one municipal authority to another. There are various methods for calculating property tax, such as the Annual Rental Value System which calculates tax based on the potential rent value of the property, and the capital value-based system which is used in Mumbai, where the tax is a percentage of the property’s market value. The current tax rate in Mumbai is between 0.316-2%, depending on the property’s use.

PROPERTY TAX

WHAT IS PROPERTY TAX?

Property tax is paid to the local government or the municipal corporation of the area where the property is located. The tax amount is based on the assessments made by the local municipal body and it is charged annually on every tangible asset that the property owner owns. To make property tax payment online, one can visit the municipal corporation website and access the property tax portal to pay the taxes. The process may differ from one state to another, but generally, it involves entering the property details, calculating the tax amount, and making the payment through various online payment modes such as net banking, credit or debit cards, or UPI.

In Mumbai, the property tax calculation is based on the capital value of the property, which takes into account factors such as the rate of base value, total carpet area, building type, age factor, usage factor, and floor factor. The applicable tax rate varies depending on the use of the property and can range from 0.316% to 2.296%.

Property tax calculator varies from state to state but to calculate property tax in Mumbai the following formula is used-It is a percentage of the *capital value of the property. *Capital value = Rate of base value^* Total carpet area/area of land in case of vacant land * building type * age factor * usage factor * floor factor. (*check the numbers & calculations)

WHO PAYS HOUSE/PROPERTY TAX?

The payment of property tax is the responsibility of the person who has legal possession of the property. This refers to the person who is deemed as the owner of the property by the relevant authorities. The property must be registered in the name of the person who is paying the property tax. The property tax rate varies from region to region in India and can range from 5% to 20%. In Mumbai, the property tax rate can be as high as 14%.

WHO IS A 'DEEMED OWNER' FOR THE PURPOSE OF PAYMENT OF PROPERTY TAX?

A deemed owner is someone who is considered the owner of a property by law, even if their name is not listed on the property documents. They are responsible for paying the property tax and have certain rights to the property. Examples of deemed owners include spouses or minor children of the registered owner, members of a Hindu Undivided Family, buyers under certain conditions, and individuals who have acquired certain rights through leasing a property.

A buyer of the property who is willing to perform their part of the contract according to the provisions of section 53A of the Transfer of Property Act, 1882 is deemed as the owner of the property as well. That person only has possession but no title in the property.

CAN A PROPERTY OTHER THAN A PROPERTY USED FOR RESIDENTIAL PURPOSES BY THE OWNER AND HIS FAMILY, BE CALLED A SELF-OCCUPIED PROPERTY?

According to the provisions of the I-T Act for FY 2018-19, if a person owns more than one house and none of them have been rented out during the year, then they must treat one house as self-occupied and all other properties as deemed to let out. The market rent that a similar property would fetch is deemed as the annual value of the property and is taxable even if the person does not earn income from it. However, to reduce the financial burden on taxpayers, some changes have been made.

Under the new provision, if a person owns more than two houses, they can claim the annual value of any two properties as nil, which means they won’t have to pay tax on the market rent of the second property. The second property can be treated as self-occupied only if it meets the following conditions:

  • The property is occupied for the owner’s own residence.
  • The property cannot be occupied due to the owner’s employment, children’s education, or business in another location.

DO I HAVE TO PAY PROPERTY TAX FOR A VACANT HOUSE PROPERTY OTHER THAN SELF-OCCUPIED PROPERTY?

Under the Income Tax Act, all types of properties, including residential, commercial, or any other building, are considered taxable property. The income earned from such properties is taxed under the income from house property, and the person who is the legal owner of the property is liable to pay taxes on it.

In case the property is used for business purposes, the expenses incurred on its maintenance and repair can be claimed as a deduction under business expenditure.

The recent tax reforms have made it more convenient for individuals to treat multiple properties as self-occupied, and the rest can be deemed to be let out for tax purposes. If you rent out a property, whether it is partially or for the entire year, it will be treated as a let-out property for income tax purposes.

To calculate property taxes on your multiple properties, you can use an online property tax calculator. For let-out properties, taxes are levied on the market rent of the property for the entire year.

WHO WILL PAY THE PROPERTY TAX WHEN THE TITLE OF THE PROPERTY IS IN DISPUTE?

If and when a dispute arises over a property, the court is the final authority to determine the rightful owner. Disputes over property ownership can be quite lengthy and complex, with extensive documents being reviewed to ascertain the true owner of the property. However, during this process, an assessing officer is empowered to determine who the property taxes should be paid by until a final judgment has been rendered. If the court’s decision is not in line with the assessing officer’s determination, the individual who has been paying the property taxes can request a refund from the court-deemed owner.

HOW TO PAY PROPERTY TAX ONLINE?

Municipal corporations across the country have made it easier for taxpayers to pay property tax online. The process is simple and can be done in a few steps. Here are the steps to follow:

Go to the official website of your local municipality. (For example, Mumbai: https://portal.mcgm.gov.in/irj/portal/anonymous , Vasai: https://vvcmc.in/en/ , Thane: https://thanecity.gov.in/tmc/CitizenHome.html )

  • Login to your account using your registered credentials. If you have not registered on the portal, then create an account and log in.
  • Select the ‘Property Tax’ tab.
  • Choose your property type and assessment year.
  • Use the property tax calculator to calculate the amount of tax payable.
  • Enter other relevant details, such as the owner’s name and property identification number.
  • Make the payment using the available payment options.
  • Online payment of property tax is a hassle-free and convenient method that saves time and effort.

STAMP DUTY

WHAT IS STAMP DUTY?

To purchase a property, the buyer needs to pay certain fees such as Stamp Duty and registration charges. Stamp duty is a tax that is imposed on the transfer of property ownership, and it is mandatory to pay for the transaction to be legally valid.

The calculation of Stamp Duty varies from state to state, but it generally ranges from 5-7% of the market value of the property. The percentage may differ based on factors such as the type of property, commercial or residential, location, and number of floors. In some cases, stamp duty may be reduced or waived off for certain categories of buyers such as women or senior citizens.

Stamp duty can be paid through various modes such as cash, demand draft, or online payment. The buyer has to pay the stamp duty within a certain period of time, usually within 30-45 days from the date of execution of the agreement. It is important to pay the stamp duty on time to avoid penalties and legal issues. Once the stamp duty is paid, the document needs to be registered with the sub-registrar of assurances to complete the transaction. The registration charges are usually a fixed percentage of the property value and may vary from state to state.

DO I NEED TO PAY STAMP DUTY ON ALL THE DOCUMENTS FORMING A PART OF A PROPERTY TRANSACTION?

The payment of Stamp Duty is a mandatory requirement for property purchases as it facilitates the legal transfer of ownership from the seller to the buyer. This tax is levied on the value of the property and is payable on the sale deed, conveyance deed, and other documents related to the property transfer. It is essential to pay the stamp duty to ensure that the transaction is legally valid and enforceable in the event of any dispute or litigation. Failure to pay the stamp duty can result in legal penalties and other complications, which is why it is important to ensure that it is paid on time and as per the prevailing rates and regulations.

WHICH PROPERTY DOCUMENTS REQUIRED STAMP DUTY TO BE PAID?

The stamp duty rate is determined by the state government and is calculated as a percentage of the total property value or the transaction value, whichever is higher.

In Mumbai, stamp duty is required to be paid on various property-related documents, including but not limited to:

  • Sale deed
  • Gift deed
  • Conveyance deed
  • Agreement to Sell
  • Power of Attorney
  • Leave and License Agreement
  • Development agreement
  • Mortgage deed
  • Exchange deed
  • Partition deed
  • Release deed
  • Indemnity bond
  • Lease agreement
  • Transfer of Development Rights (TDR) certificate
  • Power of Attorney for executing the conveyance deed
  • Agreement for Sale of Under Construction property

It’s important to note that the stamp duty rates for each of these documents can vary and depend on the market value of the property or consideration amount mentioned in the document, as well as the location of the property.

HOW AND WHEN IS THE STAMP DUTY PAID?

In Maharashtra, the stamp duty is paid through the government’s online portal called e-Registration. Here are the steps to pay stamp duty in Maharashtra:

  • Calculate the stamp duty payable using the Stamp Duty Ready Reckoner which is published by the government annually.
  • Generate the e-challan by visiting the e-Registration portal and entering the details of the property transaction.
  • Pay the stamp duty online through internet banking, debit card or credit card.
  • Once the payment is made, the system will generate a unique number called the Document Identification Number (DIN).
  • After payment of the stamp duty, the document can be executed within six months from the date of payment of stamp duty.

It is important to note that stamp duty should be paid before the execution of the document, and failure to pay stamp duty can lead to legal consequences.

HOW TO CALCULATE STAMP DUTY ON PROPERTY PURCHASE?

Stamp duty charges on the property can be easily calculated using an online property registration charges calculator. These calculators take into account various factors such as the location of the property, type of property, usage of the property, and the prevailing stamp duty rates decided by the state government.

In Mumbai, the stamp duty rate is 5% of the property value. So, if the property value is Rs. 50 lakhs, the stamp duty charges would be Rs. 2.5 lakhs (5% of Rs. 50 lakhs).

HOME LOAN

WHAT IS THE BASIC PROCEDURE OF TAKING A HOME LOAN & WHAT ARE THE ELIGIBILITY CRITERIA?

The basic procedure for taking a loan for a home involves filling out an application form where you provide your personal details like your name, address, occupation, and income. In addition to this, you may also need to provide details about the property you wish to purchase, estimated cost, and down payment.

The basic procedure for taking a home loan in India involves the following steps:

  • Determine your loan requirement: You should determine the amount of loan you need for purchasing a home, keeping in mind your budget, income, and repayment capacity.
  • Research and choose a lender: Research and compare different lenders to find the one that offers the best interest rates and loan terms that suit your needs.
  • Check your eligibility: Check if you meet the eligibility criteria set by the lender. Typically, lenders look for a good credit score, a stable source of income, and the ability to repay the loan.
  • Submit the loan application: Submit the loan application along with the necessary documents such as identity proof, address proof, income proof, property papers, and bank statements.
  • Property verification: The lender will verify the property to ensure that it is legally clear and meets their criteria.
  • Loan approval: If the lender is satisfied with your documents and property, they will approve your loan and send you a loan offer letter.
  • Loan disbursal: Once you accept the loan offer, the lender will disburse the loan amount to your account or directly to the seller.

The eligibility criteria for a home loan in India typically include the following:

  • Age: You must be at least 21 years old to apply for a home loan.
  • Income: You should have a stable source of income, and your income should meet the lender’s criteria.
  • Credit score: A good credit score is necessary to get a home loan. Most lenders look for a credit score of at least 650.
  • Property: The property that you are purchasing should be legally clear, and the lender should be satisfied with the property documents.
  • Co-applicant: Some lenders may require you to have a co-applicant for the loan. A co-applicant can be a spouse, parent, or any other family member.

In addition to the loan amount, there may be extra costs involved in applying for a home loan. These may include application charges, administrative charges, legal fees, franking fees, notary fees, indemnity costs, CERSAI (Central Registry of Securitization Asset Reconstruction and Security Interest of India) charges, and documentation fees. It is important to carefully review and understand all these charges before applying for a home loan.

WHAT DO BANKS CONSIDER WHEN GRANTING A HOME LOAN?

Banks consider various factors when granting a home loan. Some of the key factors that banks consider are:

  • Credit score: A credit score is a key factor that banks consider while granting a home loan. A good credit score shows the borrower’s creditworthiness and ability to repay the loan. Generally, banks look for a credit score of 650 or above to approve a home loan.
  • Income and employment stability: Banks evaluate the borrower’s income and employment stability to ensure that they have a regular source of income and are capable of repaying the loan. They generally prefer borrowers who have been employed with the same organization for a longer period of time.
  • Age and repayment capacity: Banks consider the borrower’s age and repayment capacity while granting a home loan. They look for borrowers who have a longer repayment capacity and are likely to repay the loan on time.
  • Property location and value: Banks evaluate the location and value of the property to ensure that it is legally clear and meets their criteria. They may also consider the resale value of the property in case of default.
  • Down payment: Banks prefer borrowers who can make a higher down payment as it reduces the loan amount and the risk of default.
  • Debt-to-income ratio: Banks consider the borrower’s debt-to-income ratio while granting a home loan. The debt-to-income ratio is the ratio of the borrower’s monthly debt payments to their monthly income. A lower debt-to-income ratio indicates a borrower’s higher repayment capacity.

WHAT ARE THE KEY CHARGES ASSOCIATED WITH A HOME LOAN PROCESS?

there are various charges associated with home loan that a buyer needs to know before applying for one. These charges may vary depending on the bank or financial institution from which you are seeking the loan. Some of the charges that you may need to pay include:

  • Application Fee: This fee is charged for processing the loan application and is usually non-refundable.
  • Processing Fee: This fee is levied on the cost of credit appraisal and depends on the type and amount of loan.
  • Late Payment Charges: If you miss your EMI payments, the bank may levy a late payment charge.
  • Document Verification Charges: This fee is charged for verifying the documents provided by you.
  • Legal Fee: This fee is charged for the legal scrutiny of the concerned documents.
  • Technical Valuation Charges: These charges are levied for the technical valuation of the property.
  • CERSAI Charges: This fee is charged for registering the mortgage with the Central Registry of Securitization Asset Reconstruction and Security Interest of India.

It is advisable to carefully read the loan agreement and understand all the charges associated with the loan before signing the agreement.

WHAT IS THE DIFFERENCE BETWEEN PRE-APPROVED & PRE-QUALIFIED HOME LOANS?

Pre-qualified and pre-approved are two terms used in the context of home loans that are often used interchangeably but they are not the same. Here’s how they differ:

  • Pre-qualification: Pre-qualification is the initial stage in the home loan process. It involves submitting basic details about your financial situation, such as your income, expenses, and credit score, and other financial documents like income tax returns, balance sheets, etc. to a lender who then estimates the amount of loan you could potentially qualify for. This estimate is based on the information provided by the borrower and is not a guarantee that the loan will be approved. The pre-qualification process can take up to 30-45 days,
  • Pre-approval: Pre-approval is a more thorough evaluation of your creditworthiness and financial situation. This involves a lender reviewing your credit report, income statements, bank statements, and other financial documents to determine your ability to repay the loan. Pre-approval provides a conditional offer for a specific loan amount, interest rate, and other terms, which is valid for a specific period, usually 60-90 days. Pre-approved phase can take around 4-5 days for the loan to close.

It is important to note that stamp duty should be paid before the execution of the document, and failure to pay stamp duty can lead to legal consequences.

DO I GET TAX BENEFITS ON HOME LOAN?

The Indian Government offers tax benefits under different sections of the Income Tax Act, 1961, which include:

  • Section 80C: You can claim a deduction of up to Rs. 1.5 lakhs per financial year on the principal repayment of your home loan.
  • Section 24(b): You can claim a deduction of up to Rs. 2 lakhs per financial year on the interest paid on your home loan for a self-occupied property. If the property is not self-occupied, there is no limit on the amount of interest that can be claimed as a deduction.
  • Section 80EEA: You can claim an additional deduction of up to Rs. 1.5 lakhs per financial year on the interest paid on a home loan if you are a first-time homebuyer and the value of the property does not exceed Rs. 45 lakhs.
  • Section 80EE: You can claim a deduction of up to Rs. 50,000 per financial year on the interest paid on a home loan if you are a first-time homebuyer and the value of the property does not exceed Rs. 35 lakhs.

It is important to note that to avail of these tax benefits, you need to provide the necessary documents such as the home loan certificate and the interest certificate to your employer or the Income Tax Department.

WHEN DO I HAVE TO START REPAYING MY HOME LOAN?

In addition to securing all the necessary property documents for a home loan, it is essential to familiarize yourself with the repayment process. Once the disbursement check is created, your home loan EMI payments will begin. Typically, you will start paying EMIs from the month following the disbursement of funds. It is important to note that EMIs must be paid on a fixed date each month. For instance, if you decide to pay your home loan EMI on the 5th day of each month, and the disbursement check was issued on the 25th of the previous month, your first EMI will cover the period from the 25th of the previous month to the 5th of the current month.

To determine the EMI amount based on the loan amount, tenor, and interest rate, you can use an EMI calculator. Repayment of the loan is done in EMIs, which includes both the principal and interest.

DOES TENURE AFFECT THE HOME LOAN COST?

Yes, tenure does affect the cost of a home loan in India. The tenure of the loan is the duration over which you will be repaying the loan. A longer tenure will result in lower EMI payments, but it will also increase the total interest you pay over the loan’s entire term. On the other hand, a shorter tenure will result in higher EMI payments, but you will pay less interest over the loan’s term. Therefore, it is essential to strike a balance between the EMI amount and the loan tenure to ensure that you can repay the loan comfortably without stretching your finances too much.

WHAT IS PRE-EMI?

Pre-EMI is the interest charged by the lender on the partial disbursement of the loan amount, usually during the construction phase of the property. The pre-EMI payments are typically made monthly and only cover the interest portion of the loan amount disbursed, not the principal.

The pre-EMI payments are usually lower than the regular EMI payments since they only cover the interest component of the loan. Once the construction of the property is complete and the full disbursement of the loan is made, the borrower can start paying the regular EMIs, which include both the principal and interest.

It is important to note that pre-EMI payments do not reduce the principal amount of the loan, which means that the loan balance will remain the same until the regular EMIs start.

CARPET AREA

HOW TO CALCULATE CARPET AREA?

With the implementation of RERA regulations, developers are now required to disclose the actual carpet usable area of apartments, providing buyers with precise information about the space they will receive. This ensures that buyers are aware of the exact area allocated to them, including the space dedicated to balconies. According to RERA, ‘carpet area’ is defined as the ‘net usable floor area of an apartment, excluding the area covered by external walls, service shafts, exclusive balcony or verandah area, and exclusive open terrace area, but including the area covered by internal partition walls of the apartment.

The carpet area can be calculated using the formula: Carpet Area = Net Usable Floor Area + Internal Walls.