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Buy a Residential Property

Given the varying property prices that exist within a city it becomes necessary to ascertain the quantum of funds that one would have to organize depending on the location and area requirement. Apart from an individual's savings and assets, given the property prices today, it becomes necessary for almost everyone to organize additional funds. These funds may come in the form of borrowings from various sources like Housing Finance Institutions, Provident Fund, Employer, Relatives or friends, etc.

The obvious question now would be: how does one get to know the prevailing rates of properties at different locations. It is possible to get a rough estimate of the rates prevailing through weeklies like the Accommodation times, other real estate journals

While arriving at a budget it is necessary to determine the space requirement as per the individual/family who proposes to occupy it. For this, one would have to consider factors like size of the family, etc. Flats in the major cities of Maharashtra are generally sold on the basis of built up area and super built up area. Area is generally measured in terms of Square Foot (Sq. ft) or Square meters (Sq. Mts.). 1 Sq. Mt. = 10.764 Sq.ft. To assess the area requirement one needs to understand the following concepts of saleable area:

Carpet Area: Carpet area may be defined as the net useable area. Until two decades back flats were sold on this basis. Carpet area is the area from the inner sides of wall to wall. However this concept is rarely used today and as a result, flats today are generally sold on the basis of Built up area and super built up area

Built up Area (BUA): BUA, over and above the carpet area, would include the space covered by the thickness of the inner and outer walls of the flat. The BUA thus would generally be around 15% more than the carpet area of the flat. Thus for a carpet area of 1000 Sq.ft. the BUA could work out to be 1150 Sq.ft approximately.

Super Built up Area: Super BUA, apart from the BUA, is said to include the proportionate common areas on the floor like the passage, staircase, etc. This would usually be around 25 to 35% of the Carpet area. However, there is a tendency of loading even the common areas of the building / project like the garden, open area, clubhouse and other recreational facilities.

It is to be noted that the above mentioned concepts are for the sake of information only and does not in anyway convey our concurrence to the practice of selling at the super built up area. Hence it would be incorrect to assume the above mentioned mark ups as a rule, since the information provided is solely with the purpose of educating people about these terms. At this point it would also be imperative to mention that there appears to be no regulatory control over the % loading of area over the carpet area for the purposes of sale on the basis of BUA/SBUA

Step 2: IDENTIFICATION OF A PROPERTY

Step 3: VALUATION

Once one has decided to sell a property one would require to ascertain the value at which one wishes to sell the property. To ascertain the value of the property there would be two steps involved Self-assessment of the property-

In this one needs to do some initial spadework and ascertain the prevailing market rate in the locality for similar properties. One would need to find out informally what the prevailing market values of properties in the vicinity. One would also have to take into consideration various factors that would affect the value of the property, which have been detailed further down. Assessment of the property through an external source - There are various agencies through which one could assess the value of the property. One method would be to seek the professional services of a Government registered valuer for a fee as prescribed by the valuers association. The other method is to approach real estate agencies to seek information on your property value on a formal/informal basis.

Some of these factors that would affect the valuation of a property are mentioned below -

Age of the building - As a normal market norm, new buildings would fetch higher capital values in comparison to older properties at a given location

Upkeep & maintenance of building - The upkeep and maintenance of the building would determine the marketability and the prevailing market value of the premises in which the building is situated. Needless to say, better and fairly well maintained buildings would fetch a better value and would enhance the marketability of the premises in comparison to poorer maintained buildings. Upkeep and condition of the premises - The condition and the internal maintenance of the premises would again play an important role in determining the marketability and the prevailing market value of the premises. Layout of premises - The layout of the premises in terms of optimum space utilisation in an efficient manner helps the premises score points. The number of attached toilets, availability of servants room and toilet, vehicle parking spaces available with the premises would also play an important role in determining the value of the premises.

td> Smaller issues like number of elevators with waiting time, car parking spaces, etc could play a crucial role too.

Upkeep and condition of the premises - The condition and the internal maintenance of the premises would again play an important role in determining the marketability and the prevailing market value of the premises. However a good premises in a badly maintained building may not necessarily fetch a price. Another aspect to the premises would be the fact of it being bare/semi-furnished/fully furnished. A semi-furnished office may not have much of a change over an un-furnished premises. Fully furnished premises may at times fetch a better capital value if the purchaser were to think that the existing furnishing would suit their operational purpose. However, one has to keep in mind that the purchaser may take up a stand saying that they do not require the furnishings provided as it doesn't suit their requirement. This stand taken may be out of a genuine mismatch or may be used as a negotiating tool by the purchaser. The air-conditioning provided and the computer cabling provided , etc also would play an important role here.

Step 4: LEGALITIES

(Please note that the legal documents mentioned and described below are generally used documents. The description of these documents may not be a legally accurate description as the intention is to merely give an overview of the documents and hence it is suggested that one should approach a solicitor to verify the legalities. HDFCRealty undertakes no responsibility of determining the applicability of these documents in each case)

Prior to a property purchase, it is advisable to satisfy yourself by having your solicitor inspect the original title documents to that property. If the title were not clear and marketable, most of the major financial institutions would refrain from giving a loan to this property. Hence, as an additional measure, one could approach a financial institution to check if they would provide a loan for that particular property. They would probably have checked all the documents pertaining to the property. If a loan is being advanced /granted one can probably assume that the title of the property may be clear, as the lending institution would have ensured so, since they would intend to take mortgage of that property, unless of course they are willing to create a charge on the property without the title of the property being clear or may be willing to accept a second/equitable charge on the property. We give below a broad idea of the legal documents that would require perusal.

1.LAND DOCUMENTS:

Following are some of the essential documents that one would have to look at pertaining to the land:

Chain of conveyance/sale/partition/gift deed or will, by which land was acquired Urban Land Ceiling & Regulation Act (ULC) Clearance Certificate, if applicable 7/12 extract (Property card extract), Index II issued by sub-registrar Title Certificate / search report by an advocate for the last 30 years Non agricultural permission (N.A) 37 I clearance under section 269 UL (3) of the Income Tax Act, 1961 Income Tax clearance of the seller under section 230 A of the Income Tax Act , 1961

Conveyance / Sale deed is a document by which the title of a property is conveyed by the seller to the purchaser. Conveyance is the act of transferring ownership of a property from a seller to the buyer.

ULC [Urban Land (Ceiling & Regulation) Act] - The ULC Act is a social legislation vide which the Government has set a limit on the maximum permissible vacant land holding by a single entity in an urban agglomeration. Depending on the location and zone classification, this maximum limit varies from 500 sq. Mts. to 1500 sq. Mts. This excess vacant land is liable for acquisition by the respective State Government. Any vacant land holding beyond this limit would require an exemption under various sections from the ULC authorities, which is governed by the Urban Development (U.D) department. The land may be exempted if the concerned authorities are convinced that by the acquisition of this vacant land there would be undue hardship caused to the owner or if the owner manages to convince the concerned authorities that this vacant land needs to be held in public interest. Other than these reasons, there may be various other reasons, which the authorities may consider to provide exemption to this land. When such vacant land is sought to be developed for housing schemes, the schemes have to be developed as per the norms and guidelines laid down by the concerned authorities and need to be necessarily sold to beneficiaries who fall under certain specified sections/categories mentioned in the permission.

7/12 extract is a document, which shows the names of the owners of the property. It contains details such as the Survey numbers, area, date from which the current owner's names were registered as owners. The 7/12 extract is issued by the Tehsildar or the concerned land authorities. Along with this the corresponding record of rights in Form no.6 for last 30 years needs to be obtained

Index II - Index II is a document issued by the office of the Sub- Registrar of Assurances. It mainly mentions the names of the sellers & purchasers of a property for which the document is registered.

Search report & Title certificate - A Title certificate is issued by an advocate after conducting a search of the title of the property, which is intended to be purchased. The title certificate would state if the property is unencumbered and has a clear marketable title. This search report and title certificate can be obtained from one's own advocate or if the search has already been conducted by the current owner then one can have his/her advocate inspect these reports to ascertain the title of the property. This search on the title of the property is taken for a period of the last 30 years. It is It is mandatory for the developer to annex a copy of these reports in the "Agreement for Sale" with the intended purchaser of the flat. These documents would state whether the title to the property is clear, marketable and free from encumbrance. In other words, it would state whether or not there is any existing mortgage, litigation, condition or claim which is likely to affect the title of the buyer adversely.

Non Agricultural (N.A) permission - If the land under consideration is agricultural land and if one intends to develop the said land for residential/commercial/industrial use, then such agricultural land has to be converted to non-agricultural land and an N.A order has to be obtained from the Collector of the District where the property is located. Along with this, one needs to take the latest receipts evidencing the payment of N.A. tax. In cases where the conversion from agricultural use to N.A. use is not done within the stipulated period then, there should be an order from the concerned authority extending the period.

2.DOCUMENTS OF THE PROJECT/BUILDING

3.DOCUMENTS PERTAINING TO THE PREMISES:

Under the Maharashtra Ownership Flats Act, 1963 a promoter who intends to construct a building of flats has to enter into a written Agreement for Sale with each of the persons who are to take or have taken such flats. It is also provided that the agreement should contain the particulars and also annex to such agreement the prescribed documents or the copies thereof.
In case of a building, which is yet to be constructed, the agreement has to contain the particulars regarding the liability of the promoter to construct it according to the plans and specifications approved by the local authority. The other particulars which the agreement should contain are possession date, price to be paid by the purchaser and the intervals at which the installments for the full payment are to be made specifying stage of construction, the precise nature of the body to be constituted of the persons who would take the flats, details regarding the common areas and facilities specifying the percentage of undivided interest in the common areas and facilities appertaining to the apartment agreed to be sold, a statement of the use for which the apartment is intended. The Act also specifies that copies of the title certificate issued (as specified earlier in this manual) and a copy of the approved plans and specification a list of fixtures and amenities including provisions for lifts to be provided/provided for the flat to be sold should be attached to the agreement. A promoter, while he is in possession, and where he collects from persons who have taken over flats or are to take over flats, sums for payment of out goings even thereafter, has to pay all out goings until he transfers the property. The out goings would include ground rent, municipal and other local taxes, taxes on income, water charges, electricity charges, revenue assessment and interest on any mortgage or other encumbrances, if any. One should also ensure that the area of the apartment has been mentioned in the agreement. It is also mandatory for the developer/promoter to convey the land in favour of the society/association of flat owners/condominium/Company within a period of 4 months of completion of the project.
In the sale agreement there should be a declaration /representation by the promoter/seller that he has not encumbered the property in any manner whatsoever and entered into any other agreement to sell/lease/license with any other party. It needs to be specified whether the property is vacant or in possession of any other party other than the seller.

Stamp Duty & Registration:

Payments of Stamp duty followed by the registration of the agreement are two important acts when one enters into an agreement with a developer/seller. Both, the developer/seller and the purchaser need to be present at the sub-registrars office for registering the agreement.

Stamp Duty

Stamp duty is a State subject and hence would vary from state to state. The stamp duty in many states is paid as per the True market value as assessed by the Stamp Office. When an agreement is to be stamped, it needs to be unsigned and undated and after the Stamp Office affixes stamps on the agreement, one may execute the agreement. The Stamp Duty payable in various states could be ascertained from the Stamp Duty Calculator provided.

Registration of an agreement:The agreement should be registered with the Sub-registrar of assurances under the provisions of the Indian Registration Act. Stamp duty should be paid prior to the Registration.

4. Documents pertaining to a resale flat:

1. For premises being purchased in a registered co-operative society:Share certificate of the society bearing the name of the seller Previous chain of conveyance/sale deeds, Sub - Registrar's receipt 37 (I) clearance if applicable 230 A certificate from the Income Tax authorities (to be obtained by seller) Original stamped receipts of payment made to previous sellers No objection certificate from the society for transfer and sale of flat Last receipt for the out goings bill paid to the society and electricity bill Set of society transfer forms for transfer of ownership Certificate of Title from an advocate.

When one sets out to purchase a flat in a registered co-operative society the documents that need to be checked initially are -

The share certificate issued by that society in favour of the owner. This would ensure that the owner is recognised by the society.

Previous chain of original conveyance/sale deeds. If the deed has been lodged for registration, then one should ask for the certified true copies of such conveyance, sale deeds, etc along with the original receipt of the Sub - Registrar where the document has been lodged for registration.

Original stamped receipts for payments made to the previous sellers

Once these documents are vetted by the purchaser's advocate and the purchaser decides to go ahead with the transaction then intending purchaser could ask the seller to apply to the society to issue a no objection certificate indicating that the society has no objection to transfer the share certificate in favour of the intended purchaser and admitting the purchaser as a member of that society. The certificate should also mention that the seller has no default/outstanding payments to be made to the society as of date. Once such a certificate is obtained one could proceed the Agreement for sale and filing the 37-I form with the Income Tax (if applicable), preparing the sale/conveyance deed /agreement. Apart from obtaining the 37 - I clearance, the buyer should ask for the 230 A tax clearance certificate of the seller which requires to be obtained by the seller from the concerned tax authority. It is also necessary to check the latest payment receipt made by the seller to the society for the out goings to ascertain and ascertain if the seller has paid all the dues to the society. One also should ask for a copy of the last electricity bill paid by the seller. There also should be a mention in the agreement that the said property is not mortgaged to anyone and if there happens to be a mortgage then on or before the date of execution of the sale/conveyance deed, the seller should ensure that the mortgage account is clear.
Prior to the execution of the sale/conveyance deed of the property the purchaser should ask the seller to produce a 230 A certificate issued by the Income Tax authorities. For this the necessary application has to be filed in Form no. 34A. This certificate would indicate that the seller has no dues/outstanding in terms of the income tax payable him. As per the Income Tax Act, 1961, this certificate is a mandatory requirement for a property transaction where the value of the transaction is in excess of Rs. 5.00 lacs.

Set of society transfer forms, etc
for transfer of ownership needs to be duly filled and signed by the seller and purchaser and should be submitted to the concerned Society.

If the premises is purchased in resale where

Society has not been registered
originally allotted by Development authority
In the above mentioned cases Previous chain of agreements with past owners in original with original receipt of registration (if any)/ Original letter of allotment issued to the first owner by the development authority. In case the latest agreement is pending registration the original receipt issued by the sub-registrar acknowledging the pending registration needs to be taken along with a certified true copy of that agreement. Original stamped receipts of payments issued to the previous and present owners by the builder/Development authority/society.
Transfer permission from the respective authority i.e. Development Authority/Society Copy of Approved Plan & Occupation certificate issued by competent authority (like the Municipal Corporation)

Step 5: PROCEDURE OF PURCHASE

Step 6:TECHNICAL ASPECTS PERTAINING TO CONSTRUCTION

The normal time taken for construction of an average Stilt + 7 storeyed building would range between 15 to 20 months. It is possible that the construction period may go upto 30 months if the building has more number of floors. It needs to be ensured that for buildings under construction the payment schedule should be linked to the progress in construction and that the payment should not be solely time bound. Normally a developer would ask for 15 to 20% on booking and the other instalments would follow as per the progress in construction. Following are some of the technical terms that one should be familiar with:

Foundation:
This is the portion of the building, which is below the ground level. Base of foundation spreads the load of the building on the soil/rocks below, on which the structure would rest.
Plinth:
The ground floor level is normally about 3 feet above the level of the ground level. This portion of the structure is formed by a network of beams and filled in with stones, gravel, etc. This portion is called the plinth.
RCC:
This acronym stands for Reinforced Cement Concrete. Normally most of the buildings being constructed these days would be RCC. The RCC framework would comprise of the columns, beams, slabs, staircase all of which would be reinforced with steel. The frames are essentially formed of columns and beams, the columns are bounded by beams, which are connected, to each other by cross beams. A framed structure is better resistant to earthquakes/vibrations. Columns are vertical pillars made of RCC, which are connected horizontally by beams also of RCC. If any internal modifications have to be carried out in a flat one needs take the services of an architect, which would then ascertain the column and beam positions. The columns and beams have to remain untouched during subsequent internal modifications if any, because they form and hold the entire structure of the building in place.
Slabs are horizontal RCC platforms, which form the ceiling/floor of the flat. The payment schedules of the developers are usually connected to the casting of slabs. Each slab is cast with RCC and the casting of the next slab would usually follow in a period of 45 to 60 days.
Plumbing & Wiring:
Plumbing and electrical wiring these days is usually concealed i.e. it is covered by the internal plaster and hence the pipes and wires are not visible from outside except for the electric points and plumbing outlets. Concealed plumbing and wiring would normally precede internal plastering. If the plumbing and wiring is not concealed it would succeed the internal plastering.
Walls:

Walls are either made of bricks or concrete blocks. In an RCC framed structure the outer walls would normally be 9 inches or more and inner walls would be four and a half inches or more. The walls are normally constructed over the beams, which transmit the load of these walls to the foundation through the columns. The walls would be plastered externally and internally.

Flooring:
The flooring is usually done subsequent to internal plastering. Flooring would include lining up the internal side of the walls with 4 to 6 inch tiles and this process is called skirting. The toilet floors would usually be of ceramic tiles with the internal walls of a bathroom being lined up with the same ceramic tiles up to a height of approximately 6 feet (i.e. dado) if the wall is not tiled to its complete height. The water closet (W/C) similarly would usually be lined up to 3 to 4 feet on the sides with ceramic tiles apart from the flooring.

Step 7: POSSESSION

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Buy a Residential Property