How many properties can I own?
You can own as many properties as you want.
How can I qualify for exemptions on the Capital Gains Tax?
There are a few exemptions available for long term Capital Gains, if you:
Buy or construct a new house: If you build a new house or buy one from the money you receive from selling a property, you are exempted from paying the tax on Capital Gains. However, the new purchase should be done either one year before or within two years of sale and the construction should be completed within three years from the date of transfer. The new property bought or constructed should not be sold within three years from the date of its purchase or date of completion of construction.
Capital Gain Account Scheme- Through the Capital Gain Account Scheme (CGAS), you can save the received money in designated banks. CGAS helps you in buying time to look for suitable investments as it serves to inform the Income Tax department that you plan to invest the money received; but at a later date.
Invest in Bonds- You can also invest in financial assets or bonds to save tax. Such bonds are issued by the Rural Electrification Corporation and the National Highway Authority of India and should be bought within six months of transferring the property. You can invest a maximum of Rs 50 lakhs through these bonds.
What is the difference between long-term Capital Gains and short-term Capital Gains?
If the house is held for less than three years prior to its sale, it is termed as a short-term capital asset and any gain arising from the sale is treated as a short-term Capital Gain. There are no tax exemptions for short-term Capital Gains and one needs to pay it according to the applicable tax slab.
However, if the property is sold after holding it for more than three years, it is treated as a long-term capital asset and the gain arising from it is called the long-term Capital Gain. Such gains attract a flat exemption rate of 20%.
What are Capital Gains on property purchase?
Property is considered a capital asset and Capital Gains Tax is levied on the gains arising from the sale of property. Such gains are calculated after adjusting the inflation rate, transfer and renovation charges.
Do I need to pay stamp duty if the property is transferred or is a gift?
Yes. Generally, the stamp duty on the gift deed ranges from 5% to 12% in all states. In few states like Haryana, Rajasthan and Delhi, concession of 1 to 2 per cent is given to female transferors.
What is Stamp Duty? Who is liable to pay Stamp Duty? Do I get tax benefits on Stamp Duty?
Stamp Duty is the tax paid for the legal recognition of property. It is paid by the home buyers. You can claim tax incentives of up to Rs 1.5 lakh on stamp duty and registration charges on a new property purchase or construction of a house. However, these benefits are available for only one self-occupied property.
What are the current rates for the different property taxes that need to be paid?
TDS- 1% on immovable properties (except agricultural land) exceeding Rs 50 lakhs.
Stamp Duty - Depending upon state and municipal laws
Service Tax- It is a central tax paid for the services offered by the developer to you. From April 1, 2015 onwards, if the apartment is worth less than Rs 1 crore, or has a floor area less than 2000 sq ft, the service charge levied is 14% on car parking and preferential location charges (PLC) and 3.50% on the basic sale price. If the apartment is worth over Rs 1 crore, or has a floor area greater than 2000 sq ft, the service tax levied is 14% on car parking and preferential location charges (PLC) and 4.2% on the basic sale price of the flat.
What are the taxes that I need to pay before buying a property?
The buyer needs to pay the following taxes:
TDS or tax deduction at source on amount exceeding Rs 50 lakhs for the purchase of property excluding agricultural land.
Service Tax - Applicable if the property is being purchased from the builder who conceived and constructed the project before offering possession to the buyer. If a `ready to move in' property is purchased from the seller, service tax is not applicable.
Value Added Tax (VAT) - If applicable in the concerned state.
How can I convert a leasehold property to freehold?
The property could be converted from leasehold to freehold if the local laws allow it. For example, properties under DDA can be converted to freehold by executing a Conveyance Deed but the same is not allowed if the property is owned by the Noida Authority.
What is the difference between leasehold property and freehold property?
The difference between a leasehold property and a freehold property lies in its ownership . In a leasehold property, the ownership remains with the concerned local authority or the government (as the case may be). The lease period varies typically between 30 to 99 years. But, this does not prevent the individual owner from selling or perform other transactions with the property, provided the lease deed is registered.
In case of a freehold property, the owner of the property is the legal owner and can sell/lease/rent the property as per his/her wish .
What should be the language of the registration document?
The language of the registration document must be the one that is commonly used in your district. According to Section 19 of the Indian Registration Act, the Registering Officer or the registrar has the power to decline registration of your document if it is presented in a language which is not commonly used in the district unless it is accompanied with a true translation of the language in use.
Can I authorize someone else to register my property by granting him Power of Attorney?
Yes, you can execute Special Power Of Attorney to get your property registered by someone else.
What is Power Of Attorney?
Power of Attorney allows a person to authorize another person the right to make decisions regarding the person's assets, finances and real estate properties.
There are two types of power of attorney. First, the 'General Power of Attorney' where a property owner confers 'general' rights. The rights include but are not limited to sell, lease, sub-lease etc. The second one is the 'Special Power of Attorney' where only a specific right is given by the owner to the chosen person.
How can I register my property?
Registration of a property includes necessary stamping and paying of registration charges for a sale deed and getting it recorded at the sub-registrar's office of the concerned jurisdictional area. If a property is purchased from a developer directly, getting it registered amounts to act of legal conveyance. In case the purchased property is a second or third transaction, it involves a duly stamped and registered transfer deed. Nowadays, property registration process is computerized in most states.
What is property registration?
It refers to the registering of documents relating to transfer, sale, lease or any other form of disposal of an immovable property. Registration is compulsory by law for all properties under Section 17 of Indian Registrations Act, 1908. Once a property is registered lawfully, it means that the person in whose favor the property is registered, is the lawful owner of the premises and is fully responsible for it in all respects.
What documents would I need at the time of possession?
Original copies of the chain of title agreements and Building Plan approvals
Original registration and stamp duty receipts
Original share certificate (In case of societies)
Proof of payment of all dues like maintenance charges, electricity bills, phone, water and property taxes up to the date of handing possession
NOC from the Society or other concerned body confirming no objection to the transfer
How could I verify that the documents shown to me by the seller are genuine?
Projects approvals can be verified from the corporation or the sanctioning authority's office
Ownership documents can be confirmed from the Sub Registrar's office where they are registered
Share certificate related to societies can be verified from the concerned Society itself
What documents do I need to check if I am buying a resale property?
Clear and marketable Title, Sale Deed, Encumbrance Certificate, latest tax receipts, Occupancy Certificate, Building Plan Approvals and Possession Certificate.
What documents are required to get a resale property registered ?
New Sale Deed, PAN Card, Photographs.
What documents are required for registration of a new apartment/plot?
Sale Deed, No Objection Certificate (NOC) from builder, NOC from banks, Building Plan approvals, Completion Certificate, PAN Card and Photographs.
What documents are needed for registration of an independent house?
Allotment papers of the plot, Building Plan approvals, Transfer Deed (in case of multiple owners), Sale Deed, PAN Card and Photographs.
What documents should I check before buying a new property?
Approved Building plans
Completion Certificate ( Newly Constructed)
Commencement Certificate( Under-construction property)
Conversion Certificate( If agricultural land is covered to non-agricultural)
Khata Certificate (especially in Bangalore)
Latest Tax Receipts
Is an FIR necessary while making the claims?
Yes. FIR is compulsory in cases where insurance is claimed for malicious damages, riots, terrorism, burglary, theft and larceny. In case of a fire incident, you need to submit the assessment report compiled by the fire department as well.
How do banks valuate the property for insurance?
Property valuation is done by multiplying the built up area of the property with the cost of construction per square feet. This is the usual method followed by most banks.
What is generally the tenure of a home insurance?
It varies from bank to bank. Generally, most policies cover a period of five years.
What is covered under personal possessions?
Under personal possessions, home insurance companies generally cover furniture, electronic/electrical gadgets and jewelry under personal possessions. However, the maximum liability of these items depends upon the type of insurance cover sought or valuations done by the bank.
What does a home insurance policy cover?
Home insurance policies cover the house structure as well as its contents or possessions. Many insurance policies also combine various personal insurance features too.
What is home insurance?
Home insurance is a type of insurance policy that covers private residences and protects them from unpredictable damages, natural or man-made disasters, burglary and theft.
Can I repay the loan ahead of schedule?
Yes, lending institutions allow you to prepay your loan. However, these institutions may charge early repayment penalties, which may vary from 2 to 3% of the outstanding principal amount.
Do I need a guarantor to get a home loan?
It depends from one bank to another. Some banks ask for 1-2 guarantors
If I have money, is it still necessary to avail of a bank loan for buying a home?
It is generally advantageous to go for a home loan as it helps you in availing tax benefits. However, please consult your CA or tax advisor to discuss the advantages and disadvantages in your case.
Do I need to furnish any security to get a home loan?
In a majority of the cases, the property to be purchased itself becomes the security and is mortgaged to the lender till the entire loan is repaid. A number of lenders may ask for additional security such as life insurance policies, Fixed Deposit receipts and savings certificates.
Can I sell the property, even when the home loan is outstanding?
Yes, you can sell the property with the consent of the banking institution.
If the buyer wants to take a loan to buy the property, the process is much easier if he approaches the same bank. In these cases, the bank does not need to release the property papers to another bank before getting the payment.
If the buyer wants to make a payment outright, he can make it to the bank directly. The property papers will be released only after the bank has recovered the entire loan amount.
Can a single woman get a loan?
Yes, a single woman can get a loan. Many lending institutions also have special schemes for them, such as a discount of up to 0.25% on the interest rate.
What is a down payment?
Generally, banking finance institutions pay around 75 to 85 percent of the cost of the property bought. The remaining 20 % of the amount is paid up front, which is popularly known as the down payment.
What is the time required for home loan disbursement?
On an average, loans are disbursed within 3-15 days after satisfactory and complete documentation and completion of required procedures.
I have two housing loans on two different properties. Can I get tax rebate for both the loans?
Yes, you can get the benefit on both loans. However, the total amount that you will be entitled to will not exceed Rs 1,50,000 for both the homes.
How much tax rebate is available on a home loan?
As per Section 80C of the Income Tax Act, you are allowed separate deductions on principal and interest amount of home loan amount, along with other entities like ULIP, PF, PPF, ELSS and NSC's. In case of principal, you can claim deduction up to Rs 1.5 lakhs while in case of interest, it is Rs 2 lakhs. The amount of stamp duty and registration is also eligible for tax deduction.
It is important to note that the tax break can only be claimed for the year in which the construction is completed.
Are there any other charges that accompany home loans?
Home loans are usually accompanied by the following extra costs:
Processing Charge: It is the fee payable to the lender on applying for a loan. It is either a fixed amount not linked to the loan amount or a percentage of the loan amount.
Pre-payment Penalty: When a loan is repaid before the scheduled duration, a penalty is charged by some banks, which is known as the pre-payment penalty.
Miscellaneous Costs: Some lenders may also ask for documentation or consultation charges.
What is the difference between fixed rate and floating rate of interest?
In fixed interest rate, the interest remains constant throughout the loan period irrespective of the changes in market conditions while in the floating interest rate, the interest can decrease or increase depending on market fluctuations .
How is the interest rate calculated?
The interest on home loans is usually calculated either on monthly reducing or yearly reducing balance. In some cases, daily reducing method is also adopted.
Annual reducing: In this system, the principal, for which you pay interest, reduces at the end of the year. Thus, you continue to pay interest on a certain portion of the principal that you have actually paid back to the lender. This means that the EMI for the monthly reducing system is effectively less than the annual reducing system.
Monthly reducing: In this system, the principal, for which you pay interest, reduces every month as you pay your EMI.
Daily Reducing: In this system, the principal, for which you pay interest, reduces from the day you pay your EMI. EMI in the daily reducing system is less than the monthly reducing system
What are the documents needed to apply for a home loan?
You have to submit the following documents:
Proof of Identity: PAN, Driving license, Voter ID, Aadhar Card
Proof of Income:
Salaried Applicants: Latest 3 Months salary slip showing all deductions and Form 16 for the last three years.
Self Employed Applicants: IT returns for the past 2 years and computation of income for the last 2 years as certified by a CA
Bank Statement: Past 6 months
Guarantor Form (Optional)
How does my salary influence my home loan amount?
Apart from other criteria and norms of the lending bank, the home loan amount is generally calculated as 30 to 65 percent of your gross income. You can increase your loan amount by including a co-applicant.
What are the general eligibility conditions for availing a home loan?
The general eligibility conditions are as follows:
The borrower should be a resident of India or an NRI
Above 24 years of age at the beginning of the loan
Below 60 years (65 for self-employed) or retirement age when the loan matures
Can a Home Loan be Pre-approved?
Yes. One can avail a pre-approved loan from a housing financial institution or a bank.
What is Pre-EMI?
Under the Pre-EMI option, the borrower is required to pay only the interest on the loan amount that will be disbursed as per the progress on construction of the project. The actual EMI payment starts after the possession of the house.
What is an EMI?
EMI or Equated Monthly Installment is a fixed amount paid by you to the bank on a specific date every month. The EMIs are fixed when you borrow money from the bank as a loan. EMI's are used to pay both interest and principal amount of a loan in a way that over a specific number of years, the loan amount is repaid to the bank with interest.
Does tenure affects the loan cost?
Longer the tenure you have, the lesser will be your EMI but higher would be the interest outgo. In shorter tenures, you pay a greater EMI, but the loan gets repaid faster and you pay less interest.
What is the tenure of a home loan?
As home loans cover a large sum, the tenure generally varies between 3 to 30 years.
What are the types of Home loans available?
The banks usually offer these nine types of loans on interest:
Home Purchase Loan: It is the most common type of loan taken for purchasing a new residential property or an old house from its previous owner.
Home Improvement Loan: Home improvement loans are given for executing repair and renovation work at home.
Home Construction Loan: These loans are sanctioned to construct a house on a piece of land you have already purchased. The loan approval and application process for these loans is somewhat different from the other commonly available home loans.
Home Extension Loan: Home extension loans are offered for expanding or extending an existing house. For example, addition of an extra room, a floor etc.
Land Purchase Loan: This type of loan is granted for purchase of a plot of land for both residential or investment purposes.
Home Conversion Loans: These loans are available for people who have already purchased a house by taking a home loan but now want to buy and move to another house. With these loans, they can fund the purchase of the new house by transferring the current loan to the new house.
Balance Transfer Loan: These loans are availed to transfer one's home loan from one bank to another. It is usually done to repay the remaining amount of loan at lower interest rates or when a customer is unhappy with the services provided by his existing home loan provider and wants to switch to a different bank.
NRI Home loans: These are specialized loans, structured to suit the requirements of NRIs who wish to build or buy a home in India.
Loan against Property (LAP): These loans are given or disbursed against the mortgage of a property.
What is a home loan?
Home loan is the money borrowed from a bank or a housing finance institution on interest for buying / constructing / upgrading a residential real estate property.
Are there Any Tax Benefits For Non-Resident Indians buying properties?
No tax benefits are available for NRI's unless you file your returns and subsequently become eligible to avail the tax benefits as mentioned under Home Loan FAQ's.
What are the documents required for obtaining NRI Home Loans?
Apart from the documents mentioned under the home loan section for Indian citizens, NRIs are required to submit a few additional documents as well. These include:
A copy of the passport
A copy of the works contract or the labor card
The power of attorney (POA). (POA is required because the borrower is not based in India
How is the mode of payment for NRI home loans?
The housing loan needs to be paid upfront for the entire tenure of the loan by way of direct remittances from abroad through normal banking channels or from other financial accounts as may be permitted by RBI. Generally, payments are done through NRO, NRE, NRNR and FCNR accounts. These accounts change on the basis of RBI regulations.
What is the repayment period for the home loan for NRIs?
Home loan offered to NRIs do not exceed 5 years in major cases. However, some financial institutions offer loans for a term of 7 years as well. The repayment for the loan is done through monthly installments (EMI), which usually begin after the entire loan is disbursed. Cases which involve part disbursement, you need to pay simple interest at the interest rate applicable on the amount disbursed.
What is the eligibility criteria for obtaining NRI Home Loans?
The eligibility is calculated in the same way as it is done for resident Indians with special emphasis on:
Qualifications - Graduate (minimum)
Current job profile and work experience
Chances of continuing abroad for the loan tenure
Chances of servicing the loan with an extended tenure in case the applicant needs to return to India
What kinds of property can an NRI avail home loans for?
To purchase a house which is either ready to move in, under construction or bought from another owner, an NRI is eligible to apply for home loans. Additionally, NRIs can apply for home loans -
For construction of a property on a plot of land by self
To purchase a plot allotted by a society/development authority
For the purpose of renovation or improvement of an existing property in India
Can proceeds of the sale of such properties be remitted out of India?
In case of residential properties, the repatriation of sale proceeds is restricted to not more than two such properties, if the property was purchased from funds held in an NRE Account.
Additionally, the amount repatriated out of India should not exceed the amount paid for acquisition of the immovable property in the foreign exchange received through normal banking channels or from the funds held in FCNR or NRE Account.
Can a home/land be sold by an NRI or Person of Indian Origin without the permission of the Reserve Bank of India?
Yes, the RBI has granted general permission for sale of property. However, where another foreign citizen of Indian origin purchases the property, funds towards the purchase consideration should either be remitted to India or paid out of balances in non-resident accounts maintained with banks in India.
What should be the mode of payment for purchase of residential/commercial property in India by an NRI/PIO?
Under the general permissions available, an NRI/PIO may purchase residential/commercial property in India out of funds remitted to India through normal banking channels or through funds held in his NRE/FCNR (B)/NRO account. No consideration will be paid outside of India.
Can an NRI or a PIO or a foreign national of non-Indian origin hold any immovable property in India acquired through inheritance from a person resident outside India?
With specific approval from the RBI , a resident outside India may hold an immovable property in India acquired through inheritance from a person resident outside India, provided the owner had acquired such property in accordance with the regulations of the foreign exchange law in force at the time of acquisition or should be under FEMA guidelines.
Can a person resident outside India hold any immovable property in India acquired by way of inheritance from a person resident in India?
Yes. A person resident outside India can hold immovable property acquired by way of inheritance from a person resident in India as per the provisions of Section 6(5) of the Foreign Exchange Management Act, 1999.
Can an NRI/PIO acquire residential/commercial property by way of gift under the general permission available?
Yes. Under the general RBI guidelines, NRI/PIO may acquire residential/commercial property by way of gift from a person resident in India or an NRI or a PIO.
Can a foreign national of non-Indian origin acquire residential property on a lease in India?
Yes. A Foreign National of non-Indian origin including a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan can acquire residential properties on lease in India. If the lease does not exceed five years, he/she does not require any prior permission from the RBI.
Can an NRI or PIO buy property in India jointly with other Indian citizens/PIO?
Can NRI or PIO buy property in India jointly with foreign citizen?
No, an NRI or a PIO cannot buy a property in India jointly with a foreign citizen.
Can an NRI or a PIO or a foreign national of non-Indian origin acquire agricultural land/plantation property/farm house in India?
No. A person resident outside India cannot acquire by way of purchase agricultural land/plantation property/farm house in India.
Is there any limit on the number of housing properties that an NRI can buy?
No. There is no limit placed on the number of residential properties an NRI can buy in India.
Do NRIs require consent of the Reserve Bank of India (RBI) to buy immovable property in India?
No, NRIs don't require consent from the RBI to buy an immovable property in India, provided the property is residential or commercial in nature.
What is meant by a person resident in India?
As per India's Foreign Exchange Management Act (FEMA) 1999, a person resident in India is a person residing in India for more than 182 days during the course of the previous financial year (April-March) and who has come to or stays in India either for employment, business or for any other vocation.
Who is the Person of Indian Origin (PIO)?
PIO means an individual (not a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal or Bhutan), who at any time held an Indian passport, or who or either of his parents or grandparents were a citizen of India according to the Indian Constitution or the Citizenship Act, 1955.
Who is an NRI?
As per India's Foreign Exchange Management Act (FEMA) 1999, an NRI or Non Resident Indian is a citizen of India or a foreign national of Indian origin living outside India for the purpose of employment, business or any other vocation, which would indicate his intention to stay outside India for an indefinite period of time. An Indian would also be termed as an NRI if his stay in India is less than 182 days.