Consultancy Services
HotPropertyIndia.Com provides special services in Taxation, Financial and Legal issues in real estate assisting and representing individuals and corporate world over. We have the privileged of having Legal Consultants to handle Taxation, Financial and Legal matters and Accounting and other allied Services in India. Besides we also provide pro-active investment solutions for effective deployment of capital in real estate.
Our endeavour is to provide professional services of high standard to our clients, while retaining a personal touch. We believe in providing simple & practical solutions to all problems, financial, commercial and legal. HotPropertyIndia.Com encourage our esteemed clients to put an enquiry related to taxation, Financial and legal real estate (while Buying/Selling/Investing).
Legal:-
Our experience has shown that in today's real estate scenario our clients need integrated solutions to take care of their legal issues. As a multi-advisory firm we align the services provided by us closely with the needs of the clients. We provide prompt advises as well as suggestion broadly through our legal experts in real estates on the following issues:
| Real Estate Tax & Liabilities |
Real Estate Title Search/Status Report |
| Real Estate Commission Disputes |
Real Estate Damages |
| Real Estate Due Diligence |
Real Estate Lending |
| Real Estate Residential |
Real Estate Investment |
| Real Estate Commercial |
Real Estate Broker Liability Cases |
| Real Estate Realtor Standard of Care |
Real Estate Agency Obligations |
| Real Estate Malpractice |
Real Estate Disclosure Obligations |
| Real Estate Breach of Contract |
Real Estate Boundary & Zoning Matters |
| Real Estate Loan Brokerage Compliance |
Real Estate Transactional Issues |
| Real Estate Escrow & Disputes |
Real Estate Homeowner Assn. Litigation |
| Real Estate "Short Sales" Transactions |
Real Estate Arbitration |
| Real Estate Mediation |
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| Que. | I am a foreign citizen of Indian origin. How can I dispose of my residential property by way of gift? |
| Ans. | General permission has been granted by Reserve Bank to foreign citizens of Indian origin to acquire or dispose of properties up to two houses by way of gift from or to a relative who may be an Indian citizen or a person of Indian origin whether resident in India or not, provided the gift tax has been paid. |
| Que. | Can foreign embassies, diplomats and consulates-general purchase and sell immovable property in India? |
| Ans. | Yes, under permission available, they may acquire any immovable property other than agricultural land/ plantation property / farmhouse in India. Such property may be purchased or sold provided prior clearance from the Ministry of External Affairs has been obtained. The consideration for the purchase of such property should be paid by way of inward remittance through normal banking channel. |
| Que. | What is conveyance deed and how can I obtain it for my DDA flats? |
| Ans. | Conveyance deed is conveyance of right of ownership of the flat to the allottee after the payment and the documents are received from the allottee and possession is taken over by him or her. Conveyance deed is executed in the cases of freehold allotments only. |
| Que. | My father had a property but he died without making a will. I am his only son and the rightful heir. How can I get the property transferred to my name? |
| Ans. | A person can inherit property by way of will, gift or succession. As your father had not made a will or gift deed of his property, then as his legal heir, you inherit the property through succession. Hence if your father‘s property is a freehold land, you have to get it mutated in your name at a MCD office which has jurisdiction over your father’s property. If the property is leasehold, then you have to get leasehold rights mutated in your name in Land and Development Office or DDA, which has the jurisdiction over the property. |
| Que. | Does the Agreement of Sale have to be registered? |
| Ans. | In many states in India, the Agreement of Sale between the builder and purchaser is required by law to be registered. You are advised in your own interest to lodge the agreement for registration within four months of the date of the Agreement at the office of the Sub Registrar appointed by the State Government, under the Indian Registration Act, 1908. |
| Que. | While purchasing real estate most developers demand a Power of Attorney in their favor, is there a way to avoid it? |
| Ans. | One can choose not to grant the Power of Attorney (POA) to the developers. However this will mandate the mailing of all documents to your foreign residence and associated time delays. A good compromise is to grant the POA to the builder only for specific necessary items. |
| Que. | What are the conditions regarding repatriation of balances in NRO accounts? |
| Ans. | Þ Repatriation is allowed up to US Dollars 1 Million per calendar year for any purpose from the balances in NRO accounts subject to payment of applicable taxes. Þ The limit of US Dollars 1 Million includes sale proceeds of immovable properties held by NRIs/PIOs for a period of 10 years. Þ In case a property is sold after being held for less than 10 years, remittance can be made if the sale proceeds have been held by the NRI/PIO for the balance period. |
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Finance:-
Whether the property which is to be financed is a legally authorized property by the competent authority?
Whether the buyer of the property has got financial capacity to pay back?
Whether the property from whom the buyer is buying duly authorized to sell the property?
| Que. | I have taken a loan from HDFC along with an insurance cover from HDFC Standard Life. I plan to prepay the home loan so I want to know what happens to my insurance policy? |
| Ans. | This depends on how you plan to prepay your loan. In case you are going in for a balance transfer by availing a loan from another housing finance company, then as per our arrangement with HDFC Standard Life, even if you were to transfer the existing loan-which has an insurance policy built around it-the policy will continue to be in force. The policy will have to be reassigned in favour of the new lender so that in the event of death it ensures that your outstanding loan, up to the amount insured, is adjusted / repaid to the new lender. On the other hand, if you prepay the loan through your own funds, then in this case the original policy continues and you will continue to be covered as per the policy schedule. Once the loan is prepaid the policy needs to be reassigned in your name so that in case of death the benefits as per the policy schedule are paid to your family. In other words, when you prepay the loan, the benefit that accrues to you and your family from the policy will still continue in the same proportion as the loan amortisation schedule. |
| Que. | Do home loan companies provide finance for the stamp duty and registration as well? |
| Ans. | Home loan companies do provide finance for registration charges and stamp duty, which can be included in the loan amount itself. However, this is subject to a maximum amount of 85% of the total cost of the house, which includes the value of the property, stamp duty and registration expenses. |
| Que. | I am a NRI and want to acquire a house / flat for self-occupation. Can I avail myself of housing loan from any financial institution? |
| Ans. | Certain financial institutions providing finance like HDFC, ICICI Bank, LIC, Housing Finance Ltd., etc have been given permission by the Reserve Bank to grant housing loans to non- resident Indian nationals for acquisition of houses / flats for self-occupation subject to certain conditions. |
| Que. | I have recently inherited a property in India. I am settled in the UK and not likely to get back to India. I would, therefore, like to sell the house and remit the proceeds to UK. Is it possible to do so? |
| Ans. | There is no difficulty in remitting the proceeds to the UK in respect of the sale proceeds of the inherited property. You can sell the house and repatriate the money abroad after payment of due tax. Presently, there is no lock-in period for such repatriation. |
| Que. | I am buying a property worth Rs25 lakh and meet all eligibility criteria for a loan. However, my loan provider says that the final amount will depend on property valuation. What is property valuation and how do I get it done, as the lender is willing to give me only a certain percentage of the market value of the property as a loan (as I am buying a resale property)? |
| Ans. | Valuation or assessment of the property is important especially in case of resale as the market value of one flat (property) could differ by 10-15% with the market value of another flat even in the same building. The price would depend on present condition of the flat, the view, the negotiating skills of the buyer, etc. Additionally, general factors that influence the price are the locality, facilities available both within the premises and in the vicinity, the existing infrastructure, future development prospects of the area, and so on. Property valuation is a comprehensive assessment that will give a fair indication of the real worth of the property based on which the loan amount will be worked out. There are several ways of having a valuation done. However, the best thing would be to speak with your loan provider if they could assist, as they would be comfortable giving the loan as well. |
| Que. | My wife and I are working with an aviation company. It is difficult to visit a bank's branch during the banking hours. How can we apply for a loan without having to visit the bank personally? |
| Ans. | You may take advantage of technology and apply for a loan through the Internet. There are lenders that provide online application forms on their website, where you may fill your details/requirements for them to call you. Alternatively, you may also explore the SMS service that some loan providers offer. This is an instant service, where a customer service executive calls you to get the loan details in return to your SMS sent to them in their unique ‘short messaging code'. Once the customer executive has discussed the basic details, the customer executive arranges to send someone at your place of convenience, home or office, to take forward the loan process. Though these services add to customer convenience and help save time, it is always advisable to directly meet the loan provider before finalizing the loan. Buying a home is for most of us the single largest investment and involves a long-term financial commitment. Thus, it is important that you meet and discuss the details of the loan, understand the repayment options available and choose the one most suitable for you. Also, when you meet the lender, you generally get a feel of the lender's background-whether they seem to have adequate systems in place in terms of maintaining your documents safely and capabilities of providing you the desired service levels throughout the term of the loan as housing loans are of long duration. |
| Que. | My son works in the US and wants to buy a property in my wife's and my name. He wants to apply for a home loan for the property. Is that possible? Also, will the loan be treated as a non resident Indian NRI loan? |
| Ans. | He can surely take out a home loan for the property that he is buying for you and your wife. It is usually advisable that the main borrower should also be a co owner of the property because it makes the loan process simpler, although it's not a mandatory requirement. You may check with the lender about this before registering the property because the internal policies of different organizations vary. However, as property owners, you and your wife would need to be co-applicants for the loan. To answer your second question, the loan will be treated as an NRI loan because your son is an NRI and it's his income that is under consideration. |
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Taxation:-
Since real estate investors commit substantial amounts of money to buy and develop properties, it is important for them to be familiar with the tax issues associated with real estate investments like:
| * Registration Of The Property |
| * Stamp Duty |
| * Capital Gain Short Term/Long Term In Terms Of Taxation |
| * Valuation of The Property |
| * Taxation Parts For NRI/POI |
| * Choice of Entity |
| * Basis of Property |
| * Uniform Capitalization |
| * Depreciation And Cost Recovery |
| * Sales And Dispositions |
| * Alternative Minimum Tax Issues |
| * Characterization of Gains And Losses |
| * Installment Sales |
| * Involuntary Conversions |
| * Like Kind Exchanges |
| * Related Party Limitations |
| * Principal Residence |
| * Landlord and Tenant Issues |
| * Interest Deductions |
| Que. | I recently purchased a home on re sale, which is 10 years old. I would like to avail loan for its renovation. Will I be entitled for income tax benefits for the equated monthly installments (EMIs) I will pay against this loan? Is there any financial limit of such benefit? |
| Ans. | Under Section 24, the interest paid on the home improvement loan is tax deductible up to Rs30,000 per annum. However, it is part of the overall tax benefit of Rs1,50,000 available under the section for interest paid on housing loans. Therefore, if you are already servicing a home loan and availing of the tax benefit for the interest paid on the loan, then the combined overall limit for the tax deduction for interest paid on both the home loan and home improvement loan is Rs1,50,000. In case the interest paid on the home loan is Rs1,20,000 or below, then you will be able to get the maximum benefit of Rs30,000 on the home improvement loan provided you have paid so much interest during the year. However, unlike a home loan, there are no tax benefits available for the principal amount repaid on the home improvement loan under Section 80C |
| Que. | I am a professional working with an IT major. I have availed of a housing loan of Rs. 35,00,000 for purchasing an apartment on which the annual interest component works out to around Rs. 3,50,000. This apartment is leased to a company at an annual rental value of Rs. 1,20,000. I am staying in a rented accommodation and thus availing of both HRA and interest on housing loan deduction benefit at the rate of Rs. 1,50,000 per annum. My query is whether I am entitled to avail of a benefit of (actual interest paid less net rental income) or is there any other methodology to set off loss from house property? |
| Ans. | Most taxation experts have very different views on this. There is no limit on the tax benefit for the interest paid on housing loan for a rented property, unlike the tax benefits available for a self-occupied property, which is Rs. 1,50,000. To elaborate, you can set off the entire interest payment in excess of net rental income (rent received less standard deduction for repairs) paid on the rented house against this income. In your case, Rs. 2,66,000 can be set off against your rental income. This is determined through the following calculations: Net rental income = Rs. 1,20,000 (rental income) less Rs. 36,000 (standard deduction for repairs, which is 30% of rental income). This works out to Rs. 84,000. Therefore, since your interest outgo is Rs. 3,50,000, if you deduct Rs. 84,000 net rental income, the excess interest outgo works out to Rs. 2,66,000. In addition, you can also claim tax benefit under Section 80C on repayment of principal amount. However, it will be part of the overall 80C benefits. |
| Que. | I am a senior citizen. My gross total income before allowing deduction under chapter VI-A (i.e. if the gross total income referred to in Item 3 of the new Tax Return Form 1) is less than Rs. I,85,000 during the financial year 2006-01 Should I furnish the return for my income. What is the relief under Sec 89, 90, 91 and how much deduction is allowed on SB accounts in banks, interest on bonds? |
| Ans. | (a) According to the provisions of the Income-tax Act, an individual has to file his return of income if his total income for the financial year exceeds the maximum amount, which is not chargeable to income-tax. In view of this, you are not required to file your return of income for financial year 2006-07 since your gross total income is less than Rs. 1,85,000. It would be essential for you to maintain proper records for each year, which would assist you in replying to the notice from the I-T Department for non-filing of return of income. Please note that if you are entitled to claim refund of tax paid by way of tax deducted at source, you will have to file return of income to claim refund for the excess tax paid. (b) Section 89 of the Income-tax Act refers to the grant of relief in respect of income-tax on account of assessment of total income at a higher rate due to receipt of salary in arrears or in advance, family pension in arrears etc. The relief in respect of such income-tax will be allowed on furnishing of an application to the assessing officer in Form No 10E. (c) Section 90 refers to the double taxation relief. The Central Government enters into a double taxation avoidance agreement with the government of a foreign country with the main purpose of avoidance of double taxation of income in India and in the foreign country (d) Section 91 refers to the grant of deduction (credit) on account of income-tax paid in another country with which no double taxation avoidance agreement exits. (e) The deduction under Section 80L has been discontinued from assessment year 2006-07. As such, the interest on savings bank account, interest on NSC, interest on bonds etc is now fully taxable. The dividend (income) on shares and mutual funds is exempt from income-tax. |
| Que. | I am a senior citizen having a fixed deposit account with the Union Bank of India. The annual interest amounts to more than Rs. 5,000 or so during financial year 2007-2008 relevant to assessment year 2007-2009. I have come to know that during this financial year i.e 2007-2008. |
| Ans. | The threshold limit for deduction of tax from bank has been increased from Rs. 5,000 to Rs. 10,000. The threshold limit for deduction of tax at source on bank interest has been increased from Rs. 5,000 to Rs. 10,000 with effect from June 1, 2007. |
| Que. | I am a senior citizen and my total income from all sources is Rs. 1,54,000. Do I have to file income tax return this financial year? My son is an NRI and before leaving India he had some shares in Indian firms. This financial year, he sold some shares for about Rs. 80,000 and purchased some shares of Rs. I,06,000. He has paid the rest of the money from his NRE account or NRO account in one deal. |
| Ans. | (a) Since your total income from all sources does not exceed the maximum amount which is not chargeable to income-tax (in respect of senior citizen, the total income up to Rs. 1,85,000 is exempt from income-tax), you need not have to file your return of income. (b) If the shares sold by your son (NRI) were held for more than 12 months and on which securities transaction tax (STT) is paid, the entire capital gain will be exempt from income tax. If the shares were held for less than 12 months and on which STT is paid, the capital gain will be taxed @ 10 per cent without any basic exemption limit. |
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Legal Expert Profile:-
Regulatory and Transactional Side, Real Estate and Litigation in Various Courts and Specialized Tribunals Upto the Level of Supreme Court of India.
- Considerable Experience in Providing Comprehensive and Innovative Advice to Investors and Developers on Acquisition, Development, Funding and Divestment Activities in Real Estate Including Regulatory Compliance.
- Involved in Wide Ranging Real Estate Transaction Including Contractual Documents Relating to Collaboration, Development, Sale, Pertaining to Opening and Operation of Bank Accounts by Different Entities
- Made Representations before Institutional Investors, Property Fund Managers and Corporate in Connection With Financing and Acquisition of Large Scale Commercial, Residential and Recreational Complexes.
We/I look forward to serving you and your clients effectively and with professional integrity.
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The main services are listing, buying, selling, valuation and property search. The Advisory Services will offer information & market research, location analysis, entry strategy, sector specific research, portfolio advice, investment analysis, business planning and property valuation.
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