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General Faq

Carpet Area: This is the area of the apartment/building which does not include the area of the walls.
Built up Area: This includes the area of the walls also Super Built up Area: This includes the built-up area along with the area under common spaces such as the lobby, lifts, stairs, etc. This term is therefore only applicable in the case of multi-dwelling units.

If you want to purchase a property, you have to look at the approved layout plan, approved building plan, ownership documents, carryout search, etc. Contact an advocate before you purchase a property so that he can advise you.

The liability of paying stamp duty is that of the buyer unless there is an agreement to the contrary. Section 30, of Bombay Stamp Act, 1958 states the liability for payment of stamp duty.

The stamps are required to be purchased in the name of any one of the executors to the Instrument.

The instruments like Agreement to Sell, Conveyance Deed, Exchange of property, Gift Deed, Partition Deed, Power of Attorney, settlement and Deed and Transfer of lease attract Stamp Duty on market value of the property.

Market value means the price at which a property could be bought in the open market on the date of execution of such instrument. The Stamp Duty is payable on the agreement value of the property or the market value whichever is higher.

The minimum time period to rent a residential property is 12 months or as per mutually agreed terms.

Maintenance charge is that amount of paid to the society to which the property belongs to, towards the maintenance of the property which includes the running cost of AC & D.G. Sets, Security, Landscaping, etc.

As per the market norms, escalation in rent depends upon the mutual consent of both the parties (the leaser & the lessee). Normally it is 10 to 15% increase after every 3 years or as per the contract between the parties involved.

When you are buying a flat from a builder in a building under construction, you have to check the following:

Approved plan of the building along with the number of floors.

Ensure that the floor that you are buying is approved.

Check if the land on which the builder is building is his or he has undertaken an agreement with a landlord. If so, check the title of the land ownership with the help of an advocate.

Check specifications given in the agreement to sell of the sale brochure. Is he providing the same actually on the ground or not? Check the reputation of the builder.

Ensure that urban land ceiling NOC (if applicable) has been obtained or not.

Check the building byelaws as applicable in that area and ensure that the builder is building without any violation of front setback, side setbacks, height, etc.

NOC from lift authorities.

NOC from water and electricity authorities also have to be obtained.

A NRI is a person resident outside India who is either a citizen of India or a person of Indian origin. A NRI is an Indian Citizen who has migrated to another Country. For all official purpose the Government of India considers Indian National away from India for more than 182 days, in a year.

A person of Indian origin means an individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan) who:
i) held an Indian Passport at any time, or
ii) who or whose father or paternal grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955.

There are no restrictions on the numbers of Residential/Commercial Properties (other than agricultural land/farm house/plantation) that can be purchased.

No. All Indian citizens are entitled to buy property in India, irrespective of their residential status.

Disclaimer: The purpose of this FAQ is to provide the visitors a general understanding on the various issues relating to House Property. The above FAQ been prepared on the basis of advice received and may vary from person to person, based on facts of such case. Reasonable efforts have been taken in collecting, preparing and providing quality information, but we do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information. The contents of the FAQ are subject to changes / amendments made by the CBDT / Finance Ministry.