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Home Authors Posts by Shivam Tomer

Shivam Tomer

Shivam Tomer
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Talks about : Real Estate News, Investment Tips, Proptech, Loan tips and Property Tips

What is MOD in Home Loan?

You must have noticed that when you apply for a home loan, the lender requires you to provide numerous documents pertaining to your residential property and sign several commitments, including the Memorandum of Deposit.

Memorandum deed of your house property is another name for the MOD, which stands for memorandum of deposit of title deeds. Check out what MOD is and how it relates to home loans.

What is MOD in Home Loan?

The Memorandum of Deposit of title deed must be signed in order for the home loan to be disbursed.

It is an assurance provided by the homeowner loan borrower that the depositor has left the property’s title deeds with the lender.

The lender has a right to a share of the property up until the loan is fully repaid, according to the MOD.

In order to obtain a home loan in India, you must give the lender a copy of every document proving your ownership of the property. In the event that the borrower defaults on the mortgage, the MOD grants lenders the right to seize the property that has been pledged.

What are MOD charges for home loans?

The Memorandum of Deposit (MOD) is a fee that must be paid when you apply for a home loan. Depending on the lender and the loan’s terms, MOD fees for mortgages may change. This MOD is necessary to verify that you have given the lending company the title deed to your property as loan collateral. Home loan MOD fees typically range from 0.1% to 0.5% of the principal amount of the loan and depend on your state of residence or property. The MOD outlines the terms and conditions of the loan, including the amount of the deposit, the interest rate, and the repayment schedule. It acts as a legally binding contract between the lender and the borrower.

How MOD is Cancelled?

The lender must terminate the MO and release the property from liens once the loan has been paid off in full. The lien on the property will be released by the registration department and the MOD will be released after a representative of the lender visits the registration office and executes a release deed.

Make sure the property address is accurate, the lender has no claim on the property, and that it is stated that all outstanding debts have been paid in full in the release deed and NOC.

Why is an MOD Required When Taking Out a Home Loan?

According to the MOD, the lender has the right to take back the property in the event of a default and may also sell it at auction to recoup its debts.

It is carried out to lessen the lender’s risk of suffering a loss.

MOD Home Loan Benefits

In order to record the deposit of money or other assets as collateral for the loan, a memorandum of deposit (MOD) is a document that is used in home loan financing. When the borrower has weak financial standing or a bad credit history and the lender needs additional security to approve the loan, it is frequently used in these circumstances.

Compared to registered mortgages, a MOD in a home loan is thought to have a number of benefits. In the first place, it eliminates the possibility of fraud in the home financing process. Additionally, the total amount that must be paid for stamp duty and other expenses may be as little as 0.1% of the loan amount. 

In addition, the owner is not required to go through any kind of registration process because the lender transfers the property to the rightful owner after a debt settlement. Usually, a third party holds the deposit in escrow that is released to the borrower only after the loan has been fully repaid.

Bottom Line

Comparing MOD home loans to registered mortgages reveals many benefits. For example, the cost of stamp duty and other fees can be as low as 0.1% of the loan’s balance. whereas the rates and fees for registered mortgages are much higher.

After making a mortgage payment, you can easily obtain the title deed, and no registration is necessary when the lender hands the property over to you. Additionally, it eliminates the potential for home loan scams, which can ruin your experience buying a home.

Determining the title deed process with the lender and the associated fees requires checking the MOD before submitting an application for a home loan.

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Explained: The Enemy Property Act.

Following the 1962 Indo-China War and the India-Pakistan Wars in 1965 and 1971, the Indian government took possession of the movable and immovable property left behind by those who fled India as a result of the wars. These properties spread across various Indian states and were regarded as enemy properties.

The office of the Custodian of Enemy Property for India (CEPI), is in charge of enemy possessions in India which was created under the Defence of India Act of 1939. Via the Custodian, this center essentially controls all enemy possessions in India. India and Pakistan signed the Tashkent Declaration in 1966 following the 1965 war, in which they promised to discuss the possible restoration of assets captured by either side during the conflict.

What exactly is the “enemy property law”?

This Act established in 1968, provided for the custody and management of the enemy property. As a result, of an increase in succession claims by the legitimate heirs of the original owners of enemy assets, the center was obliged to revise the 50-year-old statute in 2017. The bill’s text states naming particular examples that there have been many rulings by various courts, negatively impacting the authority of the CEPI (Custodian) and the government of India as granted under the Act.

Example

A 2005 Supreme Court decision had a significant impact on the sharp rise in the number of these lawsuits. When it came to the ownership of the estate of the former Raja of Mahmudabad, the Supreme Court decided in favor of his son, who asserted possession after his father died in 1973. His father owned many historic properties in Sitapur, Lucknow, and  Nainital and fled India for Iraq during the partition. In 1957, he obtained Pakistani citizenship and then relocated to London, where he died. Raja’s wife and son remained in India as Indian citizens, despite this Raja’s estate was considered enemy property under the 1968 enemy property statute. 

Supreme Court returned Raja’s inheritance to his son after an almost four-decade legal fight.  But when the 2017 law’s regulations took effect retroactively, the order was declared void. The Enemy Property (Amendment and Validation) Bill, of 2016, was brought with the intention of amending the Enemy Property Act of 1968 and the Public Premises (Eviction of Unauthorized Occupants) Act of 1971. The Bill was adopted in parliament in March 2017 when the Lok Sabha passed it to broaden the meaning of ‘enemy’ and ‘enemy subject,’. The 2017 legislation specified that heirs of persons who cannot claim ownership over enemy possessions, who left India during the conflicts of 1962, 1965, and 1971, regardless of nationality.

Key Components Of The 2017 Enemy Property Law

Enemy definition

The terms “enemy” and “enemy subject” refer to any enemy’s legal heir and successor, whether they are Indian citizens or citizens of other countries that are not enemies. Regardless of the nationality of its members or partners, it will also include the succeeding firm of an enemy firm in the designation of “enemy firm”.

It also specifies that the law of succession, as well as any customs or potential uses controlling succession, will not apply to enemy property.

In-charge

The Custodian retains ownership of enemy property as per the Defence of India Rules, 1962. The enemy property will remain to vest in the Custodian, even if the enemy, enemy person, or enemy firm ceases to be an enemy owing to death, extinction, business wound up, or change of nationality. This holds true regardless of whether the legal heir or successor is an Indian or a citizen of a country that is not an enemy.

With the prior consent of the federal government, only the custodian can dispose of such properties. It states that the transfer of any property vested in the custodian will be illegal and any adversary, enemy subject, or enemy firm has no right and is never to be believed to have any right to transfer any property. 

Disclaimer: Access to the content on this internet page is provided by iPropUnited as a courtesy to the public service for educational reasons based on related news and stories. The accuracy of any information on this website cannot be guaranteed, however, it is all believed to be credible.

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Latest MahaRERA Provisions

RERA (Regulation and Development Act), was passed to safeguard homebuyers’ interests and promote financial investment in the real estate market. Since the Indian government enforced RERA in 2016, every state has had its own RERA authority to regulate the housing sector.

For instance, if you want to purchase a house in the state of Maharashtra, you must ensure the property is pre-approved by Maharashtra RERA. Additionally, know that this Indian state was the first in the nation to fully implement RERA.

The Regulation and Development Act in Maharashtra was implemented the same year as the Parliament approved the RERA bill. This regulatory authority regulates all real estate disputes within the state and gives home buyers and owners prompt solutions. 

The Maharashtra RERA Act has made it easier for appellate tribunals to register official complaints from deceived buyers. The rules set forward by this body have also increased transparency in all real estate deals between buyers and developers.

The builders cannot sell or even advertise their developing properties to prospective buyers until the project gets registered under RERA. Every commercial, as well as residential complex in Maharashtra, must be registered under RERA.

RERA in Maharashtra is making the Maharashtra real estate sector safer as it already dealt with over 2200 complaints last year. Moreover, this regulatory body has processed over 18,000 RERA applications, which makes up 60% of all RERA applications within India. 

What are the Primary Goals of MahaRERA?

Here is an overview of the primary objectives of the RERA ACT, Maharashtra:

  • RERA Act focuses to facilitate the sale of plots of land, fully-constructed buildings, or apartments in a seamless way.
  • Its policies aim to establish transparency between sellers and buyers. For instance, buyers can now demand complete floor plans and blueprints from developers before purchasing.
  • It provides relevant resolution over disputes between developers and buyers.
  • Due to developers following RERA’s norms, there is clear information about the plot, home, and apartment sale.
  • It allows buyers to file complaints about any developer, as MahaRERA has established the concept of an Appellate Tribunal.

A property – be it commercial or residential is registered with RERA Maharashtra, which means it’s authentic, and purchasing it will not create any disputes.

Therefore, it is recommended to check whether the property is registered with RERA Maharashtra even before taking a home loan to buy any residential housing in the state. 

What are the Benefits of Registering with MahaRERA?

Protects buyers from liquidation 

The RERA Act Maharashtra protects buyers from insolvency, as it holds an Escrow account. It acts as a third party that controls payment between two parties and only releases the funds once the contract terms are met, which means during the purchase of under-construction property, the developer has to deposit 70% of the money buyers pay them into a single account. The developer can access these funds after successfully handing over the home to the respective buyer. 

Safeguard the rights of all stakeholders

Along with buyers, RERA allows the right to its registered brokers and developers to file a complaint against dubious deals and buyers who default on their payments.

Grant flexibility to developers on project completion 

RERA Maharashtra allows flexibility to developers, as they can choose the completion date of the project. 

Improves transparency and accountability

As a result of this Act, procedures are more streamlined and laws are clearly put down, which attracts more people to work within the real estate sector.  

Ensures fairness in pricing

Maharashtra RERA makes sure that purchasers pay only for carpet areas. Resulting, no builder can charge a high premium on the square footage of a home.

How to check registered projects on MahaRERA?

It is easy to check whether the project is registered with Maharashtra RERA and one can check it online. To check the registration of any project follow the steps listed below:

  • Log on to the official MahaRERA portal and navigate to ‘Registration’.
  • Click on the ‘Registered Projects” in the ‘Registration’ drop-down menu and this will take you to the external web portal. You must allow all pop-ups to complete this process.
  • A short form will open asking for specific details on the external page. Here, fill the project and promoter’s name. The page will display all MahaRERA Maharashtra details. Here, you can check a developer’s RERA certificate along with other relevant details.

How to check registered Agents on MahaRERA?

Not only developers and their properties, but independent brokers and real estate agents are also registered with Maharashtra RERA. And, if you’re dealing with one, it’s prudent to check whether they’re registered or not. Here’s how:

  • Log on to the MahaRERA Maharashtra web portal, and click on the ‘Registration’ tab from the top menu.
  • Click on ‘Registered Real Estate Agents’ and this will take you to an external website.
  • A form will open on the external website. Here, enter the agent’s registration number or name. You’ll see all the details if the agent is indeed registered with the Maharashtra RERA Act. If they are not registered, the search will return empty, and you can determine they are not to be trusted. 

Required Documents to register 

Below are the listed documents that are required while registering your project or yourself under the RERA Act Maharashtra:

  • To apply as an independent individual will require your full name, mobile number, address, and photograph. 
  • Your company registration documents if you’re applying as a partnership firm or company.
  • Agreements refer to the ownership, lease, or development of a project.
  • Complete layout and the approved building plan.
  • Details of RERA bank account (typically opened before applying for MahaRERA).
  • Form 1 from your architect(s), Form 2 from your Structural Engineer(s), and Form 3 from your Chartered Accountant(s).
  • PAN card, name, address, mobile number, and photograph of the person in charge of promoting a property for a particular developer.

How to check registered projects on MahaRERA?

Want to register your project under Maharashtra RERA? You can simply register online, and the process is straightforward.

  • Log on to the official Maharashtra RERA site and click on the ‘Online Application’ tab.
  • You’ll have to register with the portal. For this, click on the ‘New Registration’ tab.
  • Create your account with Maharashtra MahaRERA authorities by following proper procedures.
  • You must choose Maharashtra as your state on the registration page, and mention the remaining details such as username, registered email address, and mobile number. Click on “create user” once you’ve filled out all details.
  • After completing the above mentioned steps the portal will send you a verification link to the email address that you provided. Verify by clicking on the link in your mailbox.
  • Further, you can log in to the website with your username and password, upload the necessary documents, and fill the required fields to register with the Maharashtra RERA Act.  

Which projects are not required to be registered with MahaRERA?

It is notable that all projects are not required to be registered with MahaRERA. The Act is constituted to register real estate agents, and real estate projects and to prevent home buyers from fake projects and malpractices. 

Following are the cases in which the project is not required to be registered with MahaRERA. 

  • The real estate project with an area below 500 sq mt 
  • If the total number of apartments does not exceed 8 as part of the project (all phases). 
  • The promoter of the relevant real estate project has received a completion certificate (CC) for the project before the implementation of the MahaRERA Act.
  • Where a real estate project includes redevelopment or renovation/repair, which does not include advertising, marketing, or new allotment of a residential apartment, plot, or building.

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How fractional ownership affects the commercial real estate industry

The experts have predicted that fractional ownership in India will reach $5 billion in a few years. As a society, we have placed a great deal of faith and loyalty in real estate investments. One of the most important class symbols that guarantees your place in the community’s upper strata is land ownership. Despite the fact that previous generations were able to invest their life savings in gold and real estate relatively quickly, modern urbanites are only allowed to invest in residential apartments or small plots of land. Meanwhile, we as a population of humans also experience a number of constraints that make it challenging to make successful investments.

Since there is a shortage of land in our country, especially in a country where the population is growing, real estate has ultimately proven to be a profitable investment. However, it is also out of reach for those looking to jump on the landowner bandwagon. People prefer to invest in commercial real estate (CRE), which guarantees better rental cash flow, rather than depreciating assets. But CRE demands more money, better connections, and thorough understanding of the real estate industry. Because of this, only High Net Worth Individuals (HNIs) or Ultra HNIs are permitted to participate in this elite sector of the investment industry. 

After the pandemic took everyone on a financial run, fractional ownership of CRE has emerged as a promising idea for safe investments that would offer long-term capital appreciation and daily returns as well. Fractional ownership real estate ownership is a boon for regular people looking to make profitable investments due to its low risk and high return characteristics. Learn more about fractional property ownership and how it can help regular people by reading on.

Fractional Ownership 

Ownership is our sole right to any property. However, as the name implies, fractional ownership is the concept of owning only a portion of any property rather than being the sole proprietor with all rights. Currently, investing in commercial real estate in India can be profitable, but there are certain financial obstacles that prevent the average person from entering the market. 

For instance, if there’s a luxury office worth Rs 100 crore in prime location in Delhi. Only High Networth Individual can afford to invest in it. A typical citizen offering only Rs 10 Lakh cannot claim it, despite the fact that it offers numerous benefits and is a secure investment option. But what if several people band together, combine their resources, and make a bid on the commercial property in question? That would imply that everyone would receive a portion of the office and split the benefits equally. Everybody who invested in the office space could receive rental returns and long-term capital benefits as time passes and real estate’s market value rises.  

That is exactly what the idea of fractional ownership of real estate intends to achieve. It enables those with little capital to participate in the ownership of commercial real estate.

As the commercial real estate (CRE) market is predicted to grow by 13% to 16% over the next five years, fractional ownership of CRE is steadily increasing in India. The fact that the country expects an increase in the demand for office space in the upcoming years, an increase in the number of large institutional investors, and a sizeable inflow of foreign capital related to numerous commercial projects are some of the elements that could contribute to this anticipated boom. Significant capital growth is more likely as a result of each of these factors.

Grade A properties are typically involved in commercial real estate, and they are frequently leased by large businesses like multinational corporations, banks, warehouses, factories, or information technology companies. In contrast to residential tenants, such organizations don’t typically leave the property abruptly and put the owner in a bind. On the other hand, a rental lease for allotting commercial spaces is extended by three years or more. As a result, renting property to businesses has a number of advantages, including on-time rent payment and complete control over setting up the space to suit their needs. Additionally, because they use the property as an office, they make every effort to keep it organized and are more likely to renew their lease than to look for another location to establish their business. 

Many interested parties are looking to invest in fractional shares of Commercial Real Estate because they see a monthly deposit in their bank account and the constant increase in the market value of a property. 

Possible Fractional Ownership Approaches / Models

While understanding the structure and process of co-ownership agreements is an important first step in purchasing a property, it is also important to understand the various models that offer various benefits. The first model is known as the “Pay-to-use” model, in which the co-owners pay a pre-agreed “usage fee” for a daily or weekly usage. The costs of ownership are covered by this usage fee as well as any additional income from the property’s rent. If all of the revenue—including usage fees and rental income—exceeds all of the costs, the surplus is divided among the property owners. Additionally, the purchase price and ownership of the property are divided according to what each co-owner can afford, their respective investment objectives, and any other factors that the owners’ group collectively finds useful. 

The “Usage Assignment” model is the second one used to distribute usage rights. Under this model, each owner is granted the right to use a piece of property exclusively for a set number of days, weeks, or even months over the course of a year. The time frames for such use may be flexible, fixed, or even a combination of the two. The property may also be used by the co-owner to be rented out, traded, or even left vacant during each co-owner’s designated period of use.

The different ways of splitting the benefits of using the asset, the rights associated with each member, ensuring priority access, and providing those at lower market rates are basically what the different types of usage as part of the fractional ownership model entails. The only difference between timeshare and fractional ownership is that the former allows the investor to own a portion of the real estate rather than time-based units. This means that if the asset’s value rises, so will the benefits and surplus shared by the co-owners.

Does Investing in Fractional Real Estate Support Liquidity?

Liquidity is the ability to convert an asset into cash without depreciating its market value. Liquidity is a key concept to consider when investing that is advantageous to both businesses and investors. Cash is the most liquid asset in a technical sense because it can be used for transactions in any form. Rare metals are typically seen as having higher liquidity, while commercial properties are seen as having lower liquidity.

Fractional ownership has made it simple for the part-owner to sell commercial real estate. For instance, a person who has a fractional property investment can quickly transfer their share of the property to another willing investor if they wish to sell their share. Also keep in mind that sole ownership of a property does not give the owner the same level of flexibility to switch between investments.

Fractional Ownership Vs. Real Estate Investment Trust (REIT)

Risk and investment are mutually exclusive. There is no way to guarantee that your investment will have no risks over time while also ensuring that it will generate large profits for you. However, you can always research the market, consider the most recent trends, and seek professional guidance on how the real estate industry might develop in the upcoming years. Commercial real estate is currently in great demand due to its rising market value. However, there are drawbacks to CRE, such as the enormous capital requirement that small-scale investors cannot afford. The only people who could benefit from CREs were High Net Worth Individuals (HNI). 

However, with the development of ideas like REITs and fractional ownership, a regular person can now purchase a piece of CRE and benefit financially from monthly rental income or interest accrued on the security deposit amount. But how do REITs and fractional ownership compare?

Real Estate Investment Trust (REIT)

REITs (Real Estate Investment Trusts) are similar to mutual funds in many ways. REITs pool money to invest in profitable real estate on your behalf, much like mutual funds do when they invest in things like government bonds, direct equity, stocks, etc. Such properties are leased to commercial entities, which allows the part-owner to receive their capital share. However, REITs do not give you the freedom to choose the property you want to invest in. 

However, you have a choice regarding fractional real estate investing. First, CRE property is listed on fractional ownership platforms for investors to check out. Following that, the minimum ticket size or fractional real estate investment is chosen based on the market value of each property. Finally, you can decide how many portions you want to own based on the ticket price. If there are a total of 10 tickets available and you choose to buy two of them, you now own 20% of the property and receive your share of the revenue it generates, this is one of the more ideal fractional ownership examples. 

Vacation Ownership vs Fractional Ownership 

If a fractional owner wants to use the home for personal purposes, they must make arrangements with the property management companies. Each property or management company may have restrictions on how much time its customers may spend at the vacation home. Owners of fractional shares are not required to use all of their allotted time themselves. They could give some of their time to close friends, family members, coworkers, and even employees. By informing the property managers in advance, fractional owners may lease their unused time to other owners or make it available to third parties who are not owners.

Differences Fractional Ownership and Between REIT 

  • With fractional ownership you can diversify your investments and buy a number of properties in various locations thanks to fractional ownership. REITs present a fixed portfolio with a fixed number of assets. 
  • You can sell your share whenever you want with fractional ownership. REITs, on the other hand, cannot be transferred or sold at the investor’s choice. 
  • There is no set minimum value for investing in commercial real estate through fractional ownership. REITs have a minimum value of Rs 500 crore, which limits property options.
  • Property that is under construction or not currently in use can be acquired through fractional ownership. According to SEBI guidelines, REITs must invest at least 80% of their capital in income-generating properties. 

Things to Consider Before Investing in Fractional Ownership

Investing in CREs is regarded as a wise decision due to the numerous benefits, complete transparency, and safety. When it comes to investing in fractional ownership real estate, however, there is no substitute for experience. You can choose more wisely when it comes to CRE investments by considering the factors listed below. 

  • Extensive market research reveals that fractional ownership is a relatively new idea in India, and that few start-ups offer the chance to invest in commercial real estate. These start-ups are typically managed by wealthy financiers. The best course of action is to do your research and identify the business with strong executives and a wide investor base. 
  • Get the best Deal by Comparing other factors, such as assessing the current market price of that particular property, finding a property with the highest return on minimum investment is a fairly simple task. In order to avoid overpaying for a property, experienced investors know to search for deals. 
  • Look for businesses or prop-tech companies that offer simple exit options and guarantee the highest possible capital gains with a high yield over the long term. Check for solutions that are focused on the needs of the customer.

The saying “the rich get richer and the poor get poorer” is probably one you’ve heard. This statement may be considered true in terms of investment opportunities in our nation, where high net worth individuals (HNIs) are the only ones who can afford promising opportunities like commercial real estate (CRE). The only options available to retail investors at the time were low-return provident funds or high-risk stock markets. Fractional ownership, however, has democratized the CRE market and made it accessible to the average person. Fractional ownership is a recent concept in India. However, it is already well-established in the majority of western nations, Singapore, Hong Kong, etc. This enables multiple investors to band together, pool their funds, and purchase a CRE property,

Disclaimer: Access to the content on this internet page is provided by iPropUnited as a courtesy to the public service for educational reasons based on related news and stories. The accuracy of any information on this website cannot be guaranteed, however, it is all believed to be credible.

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Required Documents From NRI’s At the Time Of Selling Property

Required Documents From NRI’s At the Time Of Selling Property

Investment or merchandising a property on Indian land is easy if you are an Indian. However, for NRIs, some documents are made obligatory for investing in Real Estate in India. Meeting the government’s norms and guidelines set for NRI funding in Indian real estate, the following is the list of documents to be provided by NRI while selling a property in India.

Required documents for NRI for selling property

Address Proof

A valid address proof, such as a card, electricity or phone bill, insurance policy statement, etc., is required to be provided by the NRI as proof of residence abroad. At a similar time, NRI is needed to supply documents in support of his address in India.

Passport

An NRI should hold a valid passport if they want to sell a property in India. It’s not a mandate that they should hold an Indian passport. The passport of any country shall work as the identity proof of that person. Even the holders of Overseas Nationals of India and Persons of Indian Origin passports support the same rationale.

PAN Card

Even if NRIs aren’t prone to paying taxes in India, thanks to the very fact that their financial gain is a table within the country of their residence, it’s extremely advised that NRIs hold an Indian PAN card if they want to buy property in India. PAN numbers are issued to NRIs with foreign communication addresses, and they are needed at the time of the sale of the property to claim tax exemptions.

Sale Deed

It is a legal document that is an agreement executed by an NRI that he has purchased property in India. It mirrors the essential confirmation of responsibility for the property and is one of the vital records during the deal.

Approved Building Plan & Occupation Certificate

For merchandising any reasonably owned property, an associate degree-approved building set up could be a mandate. Occupation certificates prove that the condominium has been given out by means of the constructing society or builder and has been occupied.

Encumbrance Certificate

In the case of an apartment, residence, or maybe land, the encumbrance certificate states that no dues are pending with any legal authority. Hence, it’s miles taken into consideration as one of the key records in executing any sale.

Documents from Society

While selling property, a letter from the apartment or society is needed showing no dues on the vendor towards the society. To ascertain possession of the property, a copy of the society membership is additionally vital.

Allotment Letter

To bestow the property on the aforesaid person who holds it, a letter of allotment is required from the builder, society, or any relevant authority.

Tax Returns

In order to be demonstrated as an accountable citizen, tax returns on earnings from any source are mandatory. Properties given away on rent or lease generate earnings and hence, are taxable.  To pay tax returns, a PAN card is needed.

In the absence of any aforesaid document, NRI is required to get a certificate from an attorney as evidence of his possession of the property. Although this document is admissible for sale, an authentic report is needed to get the sale carried out at a quicker pace.

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Memorandum of Understanding (MoU) in India: Legal Validity and Key Considerations

    In the present-day business world, organizations that conduct business with each other enter into various agreements. As the first cordial step toward a future alliance, these business organizations enter into a preliminary agreement with them while negotiating with their prospective business partners, joint ventures, vendors, and agents.

    “Memorandum of Understanding” is the official name of this arrangement. Yet, it is unclear whether or not a Memorandum of Understanding (MoU) is enforceable in India.

    What is a Memorandum of Understanding? 

    A Memorandum of Understanding is a non-binding agreement that indicates the intention of two parties to cooperate. In India, it is also known as the Letter of Intent. 

    However, referring to a contract as a memorandum of understanding does not always mean that it is non-binding. The legal framework in India disregards an agreement’s nomenclature. In the case of State of Orissa v. Titagar Paper Mills Company Ltd. & Another, the Supreme Court of India ruled that:

    Indeed, a contract’s nomenclature and description do not necessarily reflect the true nature of the agreement or the transaction covered by it. But, these must be determined from all of the document’s terms and MOU clauses, as well as all of the rights and outcomes resulting from them, not just by picking and choosing certain clauses.

    A Memorandum of Understanding essentially indicates the parties’ understanding regarding a particular transaction or project they wish to undertake. Therefore, the mere fact that a document exists regarding an understanding reached by the parties does not automatically imply that such a document is a contract.

    Every agreement is not a contract, according to the Indian Contract Act of 1872. Contracts that can be enforced in court are only those that are legally binding. So, the question of whether an MOU is enforceable in India arises.

    Essential requirements for a contract as per Section 10 

    • There must be mutual acceptance of an offer made by one party to another.
    • The parties’ permission must be freely given and unaffected by pressure, fraud, or undue influence.
    • To enter into a contract, both parties must be of legal age. This requires that they be over the age of 18, be of sound mind, and not be insolvent or bankrupt.
    • There must be a legal factor involved.
    • There must be a legal object.
    • There must be a desire to establish legal relations.

    An MoU validity in India could satisfy the first-five requirements mentioned above.

    The first five criteria could be satisfied by an Agreement with Indian validity. Yet, if there is no intent to establish legal relations, it is not a contract and cannot be specifically performed.

    The MOU’s contents and substantive provisions can be used to determine the parties’ intentions. The rights, obligations, and duties that an MOU establishes between parties constitute its legal nature. So, it is crucial to comprehend and value the nature of the relationship established by the parties in the binding MOU.

    In order to determine whether the MOU is a complete contract for which the parties consider themselves to be bound or whether it is an informal agreement that is incomplete and only an agreement to agree, a distinction must be made between the two. Such an understanding lacks thought and the purpose of establishing legal relations when the parties just record their understanding with a clause to negotiate and execute a formal, detailed agreement in the future.

    In Jyoti Brothers v. Shree Durga Mining Co. (A.I.R. 1956, Cal. 280), the court ruled that a contract to enter into a contract is not regarded as a legal contract at all. The same, though, does not prove anything. The court will consider how significant this understanding was to the parties based on whether or not either of them took action based on it.

    The court ruled in BrikramKishore Parida v. Penudhar Jena (AIR 1976 Orissa 4) that an objective standard must be used to determine if there was an intent to establish legal relations. Even though the promisor may not have known that his promise would result in a legal obligation, he is nonetheless obligated to fulfill his promise if a reasonable person would assume that he intended to enter into a contract.

    As a result, care must be taken while choosing the words, titles, and clauses to include in a Memorandum of Understanding. The agreement is bound by clauses like the jurisdiction clause, applicable legislation, and indemnity.

    MoU in real estate 

    In the real estate industry, MoU establishes the basic framework for the sale of the property, including the duties and responsibilities of both parties. In real estate transactions, MoU tend to provide transparency and structure to the sale process. Below are the key elements of the MoU for the sale of property in India. 

    Property Details

    Property details are the first and most important element of the MoU. This comprises of property’s location, size, and boundaries. The MoU should also include the property’s other relevant details, such as its registration number, title deed, survey number, and land use category.

    Payment Terms and Selling Price

    The sale price of the property and the terms of payment should be made clear in the MOU. This covers the due date, the mode of payment, and any fines or interest associated with late payments. To prevent confusion or conflicts in the future, the payment conditions should be agreed upon by all parties and stated in the MOU.

    Ownership and transfer

    Details regarding possession and handover, such as the date of possession and any conditions for transfer, should be specified in the MOU. This includes any paperwork or legal requirements necessary for the property’s ownership transfer. The responsibilities of both parties with regard to the condition of the property at the time of transfer should be clearly stated in a MOU.

    Regulation and legal compliance

    A clause declaring that the property transaction would adhere to all legal and regulatory standards ought to be included in the MOU. This involves acquiring any licenses, permits, or approvals necessary for the sale of the property. The MOU should also clarify who is in charge of paying for these approvals and any related fees.

    Dispute resolution

    The MOU should specify the dispute resolution procedure in the event of a dispute. This covers the dispute resolution procedure, such as arbitration or mediation, as well as any accompanying costs. The jurisdiction for any potential legal actions should also be included in the MOU.

    Non-disclosure and confidentiality

    A clause declaring that the specifics of the transaction are private and cannot be revealed to any other party without both parties’ prior written approval should be included in the MOU. This is done to make sure that any private information about the property sale is not disclosed or utilized against one party or the other.

    Termination 

    A termination clause that outlines the conditions under which the agreement may be cancelled should also be included in the MOU. Any termination criteria, such as non-payment or a failure to adhere to legal or regulatory obligations, fall under this category. The MOU should also outline the penalties and forfeitures that would apply in the event of termination.

    Signatures

    Both parties must sign the MOU in order to demonstrate their acceptance of the criteria contained in it. The MOU should also specify the date of signing, and the signatures should be witnessed by a qualified individual.

    Bottom line 

    Make sure you fully read and comprehend the MOU before you put pen to paper to prevent any issues or misunderstandings later. The buyer and seller may rest easy knowing their rights are protected and the terms of the sale are clear and fair by checking that the MOU includes everything it needs to.

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    Home Loan Interests: Difference between fixed and floating rate

    Interest rate for home loan is an important factor that every borrower weighs carefully before applying for the loan. The banks or financial institutions offering home loans or loans against property, also called home equity, are different depending on whether one is applying for a fixed rate of interest or a floating rate of interest on the loan. Applying for a home loan is the biggest financial decision of one’s life, and there are internal as well as external factors that affect the decision-making process. Therefore, selecting the best interest rates is important, and one must consider the features and benefits of both.

    In this article, we have tried to explain the concept of fixed and floating rates of interest for the benefit of the borrower.

    Difference between Fixed and Floating Interest Rate

    Fixed Interest RateFloating Interest Rate
    Higher Interest RateLower Interest Rate
    Not affected by financial market conditionsAffected by changes in the financial market
    It has Fixed EMIsEMIs change as per interest rate or MCLR
    Budget planning is possibleDifficult to budget or manage financials
    Sense of securityGenerates savings
    Suitable for short/medium term (3-10 years)Suitable for long term (20-30 years)
    Risk chances are lessRisk chances are higher

    Fixed Interest Rate

    Customers who opt for a Fixed Interest Rate have to repay the home loan in equal and fixed installments as per the tenure of their loan. The advantage of choosing a fixed interest rate is that it would never change even if there are fluctuations in Indian financial market trends.

    Floating Interest Rate

    Interest rate which keeps on changing as per Indian financial market conditions is termed a Floating Interest Rate. It depends on the base rate offered by multiple lenders, so whenever the base rate changes, the interest rate is automatically revised. In comparison to fixed interest rates, floating rates are comparatively cheaper.

    The floating interest rate has become more popular and is considered the first choice by home buyers. Even NBFCs and banks are offering home loan interest (floating) at a lower rate.

    Choosing the fixed or floating home loan interest rate option will depend on the preferences, needs and financial profile of the borrower. One needs to consider all the factors discussed to finalizing the best option. The choice of loan has a material impact on the eventual cost of the home.

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    Choose The Right Lights For Your Sweet Home

    multiple lights in bedroomBesides illuminating your house, lighting plays a vital role in impacting the moods of its occupants. Not just internally, lighting has an equally relevant effect on the outer components, such as verandas, gardens, balconies, etc. Following are a few tips that one should take into consideration while defining appropriate lighting provisions within the home:

    Defining your lightening goals:

    multiple lights The purpose of the lighting must be clearly defined before defining the lighting elements. For example, direct light is prohibited in the work area, while bedrooms require soothing lights. As lighting plays a vital role in altering one’s mood, a function you want your lighting to serve needs to be defined first

    Multiple light sources for every place:

    lighting for homeTo achieve a variety of functions, adequate lighting must be provided in areas like the living room and kitchen. A floor lamp nestled on a couch in a living room or counter lighting in a kitchen can add gleam to your house.

    Modern decor with recessed lighting:

    recessed lightingFrom a subtle dim to a bright light, recessed lights in homes play a vital role in defining the lighting of a house. Areas like the kitchen or any workroom require the right lighting options. Bedrooms should be illuminated in a soft and subtle way.

    Night lighting for kid’s room:

    kids room lightingNight lights help prevent children from getting scared at odd hours. Your collection of nappy-changing pictures to rocking infants to sleep, lights can highlight all this perfectly. Kids’ room lighting should always be pleasing to the eyes.

    Using Chandeliers:

    ChandeliersBuying a chandelier for home decor without giving due consideration to space available within the room, may put the entire arrangement into chaos. Varieties of Chandeliers are available within the market with different textures and vibrant colors. Choose one following the space in the room say the height of the chandelier shall not exceed the headroom below it.

    Just like the colors, lighting can enhance your space and can appropriately add a feel of warmth!

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    Simple Ways To Add An Ethnic Touch To Your Home

    ethenic-Home-DecorIf there is any look that can never become outdated, it is the ethnic look! From clothes to accessories to anything and everything, ethnic has always been loved and appreciated by people. And when it comes to decorating your home, ethnic is the best look that you can opt for. Apart from looking extremely beautiful and classy, it gives a very welcoming and warm feel to the people who visit. Guests feel home when they visit a home with an ethnic touch. We know that now you people are greatly inspired and want to know the fantastic ideas to give your home an ethnic touch!

    So here we bring for you some basic and easy ways to let your get an ethnic make-over! –

    1. Lighting accessorieslightingNo matter how many modern lamps you keep in your home, it is actually the traditional ones that add a warm touch. Buy lamps that are made of earthy elements as they give out a traditional and ethnic appearance. They are going to add immense amount of charm to your home which lamps made of fiber or glass cannot even imagine doing! Apart from this, you can also buy lamps that are handmade or at least look like they are handmade, like, the lamps with warli paintings, madhubani paintings etc.

    2. Wall decorationIndian Art wallThe wall decorations have a huge role to play in giving an ethnic twist to your home. You can hang madhubani and warli paintings which look evergreen or cover the wall with sawzi bowls to completely give an ethnic transformation. You can also cover the entire wall with woven hangings or draperies.

    3. Furniture ethnic furnitureIf you have got the perfect ethnic furniture, then it can alone make your home look ethnically beautiful! Furniture made of cane and wicker looks the most appropriate and even a sofa in a bench style works interestingly for an ethnic theme. You can also experiment with handmade cushion covers!

    4. ArtworkartworkIf you want to get a perfect ethnic living room, then the artwork should be properly focused on. These include terracotta, traditional dolls and puppets, handicraft items, pots etc. and you can always experiment with antique and vintage accessories like copper vases, wooden lampshades, terracotta pots etc. to enhance your home with rustic charm!

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    How to Acquire Government Land in India

    Government land is not for everyone to invest in or lease; buyers in these situations must adhere to certain procedures. Land is a state subject, so the state government has the authority to determine whether any land it owns will be sold to private buyers. Notably, once such land is acquired, it can be used for various purposes.

    State-owned land can only be purchased for designated uses, such as industrial, IT parks, residential development, and agriculture. The following is an overview of the information that you should be aware of regarding government land acquisition and the application process:

    Considerations for Buying Government Land 

    Here are some important things to remember when purchasing government land: 

    • The state government will publish an official notification whenever it wants to sell any landholdings. 
    • Look out for announcements where land in different states is sold or leased under specific schemes. 
    • You can also check the state website to learn more about any available government land purchase or lease schemes. 
    • You can also submit an official application to the District Collector (DC) of the locality where the land parcel is available. 
    • In your application, be sure to state why you are purchasing the land.
    • If the government has already designated the land for agricultural use, you won’t receive approval. Be sure to thoroughly research the land parcel before applying. 
    • If you are interested in purchasing land to build a home, you should be aware of state government programs that offer land parcels to citizens at reasonable prices; however, these plotted options are only available on a leasehold basis. 
    • You should be aware of several factors and conditions when purchasing land under government programs, including eligibility requirements, domicile status, and lease period. 
    • If the government leases out land, the state will retain final ownership. 
    • You cannot buy government land for profit-making.

    What are the reasons you can lease government land? 

    The following are some reasons you can lease government land: 

    Agricultural purposes

    Selling, leasing, and disposing of agricultural land is a state matter with many facets. Each state government has its own rules regarding selling or leasing land to individuals who are not involved in agriculture. The Karnataka Land Revenue Act, for instance, gives the government the authority to sell land it owns to any non-agriculturist; the procedure for acquiring such land entails submitting an application to the local DC, which should include the rationale for the land purchase.

    The buyer must begin farming within twelve months of the application, meeting the pre-laid conditions and eligibility requirements. The buyer’s chances of receiving land allotment are contingent upon the quality of the land; non-arable soil and wasteland have lower chances of allotment than land with suitable irrigation and cultivable soil.

    House building

    Allotment of land parcels in government layouts initiated by lotteries or other mechanisms for general buyers; in the absence of such a scheme, you can still apply to your local land revenue department, asking for an allotment; however, the chances of your application being successful are on the lower side. Government owned land is offered to buyers under various initiatives through government schemes that are announced periodically. Several municipal and city development authorities often release these land-buying schemes.

    IT parks and industrial projects

    Under state industrial policy, information is available regarding the allocation of land for commercial projects; an application can be moved with a suitable proposal, and leases are the preferred model under these industrial schemes or projects for IT park development.

    Bottom Line

    Prospective buyers must navigate a series of considerations and steps when venturing into government-owned land acquisition. The importance of staying vigilant for official notifications, exploring state websites for relevant schemes, and submitting detailed applications to the District Collector cannot be overstated. It is crucial to align the intended use of the land with its designated purpose and be aware of state government programs that may offer affordable options for house building.

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