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      Legal Checklist for Buying a Residential Property in India

      By SQUAREA Knowledge Hub

      Published: February 26, 2024

      Buying your first home can be quite an emotional decision for many. But you cannot forget that this would be one of the biggest legal transactions of your life, and stay vigilant to protect yourself from undue stress.

      Whether you are a first-time home buyer or looking to purchase a resale property, the legal process for buying a residential property includes the following steps:
      • Property search
      • Legal due diligence and documentation
      • Negotiation and agreement
      • Home loan approval
      • Registration
      • Possession and handover

      Although the specifics of these steps may vary, you will be following this process in general; and you cannot afford any missteps – especially when it comes to legal due diligence and documentation.

      So what are some of the key legal aspects and requirements you must understand to safeguard your investment and ensure a clear title on your residential property?

      Property Documents

      The first and most important step is to verify the property title with the necessary documents going back at least 30 years (minimum 12 years if previous documents are not available). These documents can help you verify:
      • The title documents (indicating the transfer of title over the years)
      • Nature of the title
      • Development agreement or power of attorney
      • Pending and past litigations against the property

      This can help you ensure the nature and marketability of the title and establish a clear title free from encumbrance.

      Seller Identification

      The next – and equally important step – is to identify the seller and their ability to convey the property. This includes information like:

      • Residential status of the seller (in case you may need special government authorization for the sale)
      • Identity and consent of all owners (in case of jointly held properties)
      • Court order authorizing the sale and appointing a guardian (in case of property held by a minor or an individual of unsound mind)

      Documents like Aadhaar numbers, PAN, passports, or income tax returns can help you ascertain the identity(s) of the seller(s) and establish they have the proper authority to sell the property.

      Conversion and Land-Use Permissions

      Many state and national laws restrict the ways land can be used, making ascertaining the type of land the property is on – residential, commercial, industrial, or non-agricultural – essential. So ensuring the property stands on non-agricultural residential land is essential as non-agriculturists may get in trouble for purchasing agricultural property.
      Additionally, you must ensure that the property complies with the zoning plan. If the actual land use differs from the zoning plan, getting the necessary approval from the Town Planning Authority for a change of land use is mandatory.

      Construction Approvals

      In case you are buying an apartment or a constructed building, validating the construction plan and necessary approvals from relevant authorities is crucial. This includes approval and NOCs from different departments – like the Pollution Board, Environment Department, Traffic and Coordination Department, and many more – to ensure access to infrastructure facilities – like water, electricity, sewage, environmental clearance, fire safety, and more.

      Occupancy Certificate

      Occupancy certificate – indicating the property meets all regulatory and statutory requirements and is fit to occupy – from the competent authority is mandatory. Use – or sale – of property without such approval leaves buyers vulnerable to penalties and risk of demolition.

      Tax Payment Status

      Non-payment of taxes can affect the marketability of a property. So ensuring the seller has cleared all their dues – tax and utilities – is crucial. Otherwise, the buyer will be liable to clear all pending dues against the property.

      Encumbrance

      Be sure to check any registered encumbrance on the property before buying the property. You can search at the jurisdictional sub-registrar office, the website of the Ministry of Corporate Affairs (in case of a corporate seller), or issue a public notice to find any third-party claims against the property.

      Physical Survey and Property Access

      It is advisable that a buyer undertakes a physical survey to confirm the extent and measurement of the property against the information provided by the seller.
      Especially when purchasing land, identifying the boundaries, access, and any other physical attributes can help ensure you can enjoy your property properly.

      RERA Compliance

      Any project falling under the scope of the Real Estate (Regulation and Development) Act, 2016 (RERA) has to be registered with the RERA authority. So be sure to check the RERA registration of the property – and the real estate broker – before purchasing the property to establish the credibility of the project and the seller.

      Loan Outstanding

      In case you are buying a resale property, be sure to verify whether there is a loan outstanding against the property. You can ask the seller to clear the outstanding loan amount to get the original property documents from the bank and register the property in your name to get a loan of your own. Or you can apply to transfer the loan from the seller’s name to yours and continue to make payments. In any case, be sure to get copies of the title documents, loan outstanding statement, and no dues certificate from the bank to ensure a clear title.
      This is a general legal checklist you must consider before buying a property in India. However, it is advisable to work with a skilled legal expert to conduct proper due diligence, examine every small legal facet, and ensure the safety of your investment.
      Need help to understand the legal requirements when buying a property? Squarea expert team can direct you to the right resources and help safeguard your real estate investment. Get in touch with us today to find the home of your dreams.

      For more details on this subject, please email hello@squarea.io


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      7 December 2024
      Best Real Estate Investment Areas in India: City or Suburb?

      Investing in real estate is a pivotal decision, one that hinges significantly on the choice of location. Whether you are buying property for the first time or adding to your investment portfolio, the question often comes down to this: Should you invest in the vibrant heart of the city or explore the expansive suburban regions? In 2024, India's real estate landscape continues to evolve, with significant developments in both urban and suburban areas. In such a scenario, understanding the best real estate investment areas has become essential for both investors and homebuyers.

      The Indian real estate sector is projected to reach an estimated value of $1.5 trillion by 2030, with a compound annual growth rate (CAGR) of about 9.2% from 2023 to 2028. The first half of 2024 saw a continued surge in residential sales, reaching 173,241 units, an impressive 11% year-on-year growth. This positive trend indicates a strong demand for housing in the market.

      This blog delves into the key considerations, the pros and cons of each option, and the latest market insights to help you make a well-informed decision.

      Basic Differences Between City and Suburb Investments

      Before diving into detailed insights, it’s essential to understand the key factors that distinguish urban and suburban real estate investment areas:

      • Location
      • Cost of Living
      • Atmosphere
      • Infrastructure
      • Population Density

      Alt text: A comparative glance at the key differences between city and suburban real estate investments.

      Real Estate Investments in Cities

      Urban centers across India remain hotspots for real estate investment due to high demand, robust infrastructure, and proximity to key amenities. Cities like Mumbai, Pune, Bengaluru, and Delhi are well-known for their vibrant job markets and advanced infrastructure, making them some of the best real estate investment areas.

      Advantages of Investing in Cities:

      1. High Demand and Fast Appreciation : Urban properties often see quicker appreciation. Mumbai's prime localities like Bandra and Powai saw an average price increase of 7-9% in 2023-2024 (Knight Frank India's Prime Residential Index). While in Pune, Koregaon Park has seen consistent appreciation of 6-8% annually, making them ideal for short-term investments in the best real estate investment areas.

      2. Proximity to Amenities : Cities offer a wealth of amenities such as hospitals, schools, restaurants, and entertainment venues. Pune is renowned for its educational hubs, adding to its appeal as one of the best real estate investment areas in India.

      3.Job Opportunities: Major cities house industries across sectors like IT, finance, and manufacturing. For instance, Pune’s IT hubs and tech parks attract a large workforce, making it a strong contender for real estate investment areas in India.

      Public Transportation : Urban transport systems, like Mumbai’s local trains or Delhi’s metro, including Pune’s ongoing metro project, boost property values around transport hubs, solidifying their status as the best real estate investment areas.

      Challenges of Suburban Investments:

      Longer Commutes: Suburbs can be farther from major job centers, increasing travel time. However, with improved transport networks such as the Pune Metro Extension, connectivity to suburban areas is gradually improving.

      Limited Social Infrastructure: While development is ongoing, many suburban areas still lack the robust social infrastructure found in cities. This can be a drawback for those who value proximity to shopping malls, entertainment centers, and restaurants.

      Final Considerations: Best Places to Invest

      In 2024, both urban and suburban markets in India are poised for growth, driven by government initiatives, economic recovery, and rising demand. Programs like PMAY and RERA have improved transparency, making suburban regions particularly appealing. The ARHC scheme also enhances suburban areas by providing affordable housing near industrial hubs. Meanwhile, smart city projects are revitalizing urban centers, boosting livability and sustainability.

      Urban investments offer faster appreciation and proximity to job markets, while suburban areas provide affordability and space. Your choice depends on your financial goals and lifestyle preferences.

      If you still find it difficult to decide, contacting a real estate expert like Squarea can help you navigate the complexities of property buying and investment in India.

      7 December 2024
      Factors Affecting Property Prices in India: Insights for Homebuyers

      Primary Keyword: Factors Affecting Property Prices in India

      Secondary Keywords: Real Estate Market in India, Property Price Trends

      Investing in real estate is a significant decision for homebuyers in India. Real estate constitutes an appreciable percentage of most people’s wealth. The real estate market in India is influenced by various dynamic factors that drive property price fluctuations. All these factors affecting property prices in India are very important for home buyers and investors to understand to navigate this complex scenario and make the right decisions. It attracts as well as creates huge opportunities for investors because of the size and scale of this real estate market.

      In this article, we will discuss and analyze the main factors affecting property prices in India.

      Market Outlook FY 2024-25

      Experts predict moderate growth for the Indian real estate market. ICRA and Colliers suggest a shift from last year's rapid expansion to steadier progress. ICRA anticipates price stabilization, while Colliers highlights infrastructure projects and economic recovery as key drivers of resilience.

      The seven major metros—Mumbai, Delhi NCR, Bangalore, Chennai, Pune, Hyderabad, and Kerala—are set to experience varied growth:

      Mumbai: 5-8% rise, driven by metro expansion and coastal projects.

      Bangalore & Hyderabad: Increases of 6-9% and 7-10%, respectively, due to the IT boom.

      Chennai & Pune: Expected gains of 5-7% and 6-8%, aided by residential demand and metro expansions.

      Kerala: 3-5% growth from NRI investments and tourism.

      (Sources: CBRE India, JLL India, Colliers).

      Factors Driving Property Prices In India

      1. PEconomic Growth

      The nexus between economic growth and property prices is well-established. India's real GDP expanded by 7.2% in FY23, the highest among major economies, fueling real estate demand. Q1 2024 saw record residential sales with 74,486 units sold, driven by large-scale projects, smart city initiatives, and urban renewal programs

      Interest Rates

      Interest rates are a key determinant of property prices. Lower rates reduce borrowing costs, boosting demand, while higher rates may curb it. RBI's 2024-25 monetary policy aims to balance inflation and growth, shaping housing market trends accordingly.

      Government Policies and Incentives

      Government policies directly impact the supply-demand curve of the real estate market in India. Policies like the Real Estate (Regulation and Development) Act (RERA), 2016 have increased transparency, boosting buyer confidence. The Pradhan Mantri Awas Yojana (PMAY) and GST reductions on under-construction properties enhance affordability, stimulating investments in new developments.

      Urbanization and Population Growth

      With 600 million people expected to live in cities by 2030 (40% of India’s population), housing demand is on a continuous rise. Bangalore, Hyderabad, and Pune are key beneficiaries, driven by industrial growth and skilled professional inflows.

      Location and Infrastructure Development

      The quality of infrastructure is another factor that determines values in properties. Areas well connected with transport, educational institutions, and health facilities attract a premium. Infrastructure projects like the Mumbai Trans Harbour Link and Bangalore's Namma Metro are expected to raise property prices by 20-30% in adjacent areas, highlighting the importance of connectivity for real estate appreciation.

      Supply and Demand Dynamics

      The balance between housing supply and demand significantly impacts prices. In markets with high demand but limited supply, prices rise due to scarcity. Conversely, areas with abundant supply may experience stable or declining prices. For instance, the luxury housing segment in cities like Delhi NCR is seeing higher demand, driving prices up. In contrast, markets with substantial affordable housing inventory show more consistent rates.

      Construction Costs

      Building material costs (steel, cement, labor) influence property prices. Developers often pass these increases to buyers, especially in high-cost cities like Mumbai, where land acquisition also inflates prices.

      Employment Opportunities and New Job Creation

      Job growth in IT and finance sectors, especially in Bangalore, Hyderabad, and Pune, increases housing demand. The Indian IT market is expected to reach $19.93 billion by 2025, further boosting residential real estate.

      Development of Industry

      Industrial corridors like the Delhi-Mumbai and Chennai-Bangalore are enhancing property values in surrounding areas, supported by job creation and infrastructure improvements

      Regional Real Estate Trends

      Property price trends vary significantly across different regions, influenced by factors such as local economic activity, infrastructure development, and regulatory environment. Pune’s residential market claimed a substantial 16% of new residential launches across India’s top cities in Q2 2024 – adding around 18,900 units and marking a steady 1% quarterly increase.

      Understanding the several factors affecting property prices in India is very important for home buyers and investors planning to invest in the real estate market in India. Staying informed about these factors is key to capitalizing on opportunities and navigating potential challenges.

      For those looking to deepen their understanding and make informed decisions in this dynamic environment, consulting with experts in the field can be invaluable. SQUAREA offers insights that can help you navigate these complexities and align your investments with market trends.

      7 December 2024
      Building Generational Wealth through Real Estate in India

      In India, the concept of generational wealth has deep roots, traditionally built through assets like gold or inherited businesses. Real estate, often called a “brick-and-mortar bank,” isn’t just about owning a piece of land but creating a legacy. As family wealth continues to hold strong cultural significance, generational wealth through real estate offers Indian families a unique, resilient pathway for building assets that can be passed down across generations. Unlike more volatile investments, real estate brings stability, potential for appreciation, and tax advantages, making it a compelling choice for long-term wealth creation.

      In this blog, let’s decode how generational wealth through real estate becomes a multi-generational asset and why it’s so effective for building lasting family wealth in India.

      Why Real Estate?

      The answer is simple: real estate combines stability, value appreciation, and tangible security; qualities that are important and mandatory for long-term investments.

      In India, the demand for property has consistently risen, fueled by rapid urbanization and a young, growing population. According to Forbes, real estate is “easily transferable through inheritance,” which is crucial for those looking to leave behind a stable, valuable asset. Real estate assets also tend to appreciate over time, offering both rental income and significant resale value.

      Moreover, property ownership confers control. Owners can decide how to leverage their assets by either renting them out for steady cash flow, developing them, or selling them when the market peaks. The tangible security real estate offers is especially reassuring in emerging economies like India, where market volatility and currency fluctuations can impact other forms of wealth.

      In fact, a study by Lumicre shows that real estate appreciates at an average of 5% annually, a rate that can compound to create substantial value over the decades. For families, this translates to an asset that can serve both as a safety net and a growth engine, a powerful combination that few investments can match.

      Pune: A Case Study in Generational Wealth

      Pune exemplifies India’s real estate potential for generational wealth. Once a quieter cousin to Mumbai, Pune has transformed into a bustling hub for IT, education, and manufacturing. The city’s rise has been a boon for early investors, whose properties have appreciated significantly over the last decade. Over the last ten years, property values in Pune have surged which is an impressive gain that has rewarded early investors handsomely.

      Consider Magarpatta City, a unique, farmer-led real estate development that has transformed a community’s financial landscape. When a group of farmers pooled their lands to create this integrated township, they not only secured their financial future but also showcased how property development can create lasting wealth.

      Today, Magarpatta is one of Pune’s most desirable areas, with thriving businesses and high-quality residential options. Magarpatta City’s development by a collective of farmers stands as an inspiring model, showcasing how land investments, when strategically developed, can multiply wealth across generations.

      The Multi-Generational Advantage of Real Estate

      Real estate isn't just about growth, it’s about security, too. The Indian market is uniquely suited for multi-generational wealth, with property values bolstered by rising housing demand driven by urban migration and suburban expansion. Property ownership offers a level of control and flexibility that stocks and bonds can’t match, making it ideal for families looking to create lasting value. A rental property, for example, provides steady cash flow, which can support family needs, fund education, or enable further investments.

      India’s demographic dividend which covers a young, growing population, continues to sustain demand for residential and commercial properties, helping real estate values remain stable and potentially appreciating over time. Rental income also serves as a hedge against inflation and market fluctuations, offering dependable returns.

      In India, cities like Pune have become rental hotspots due to high demand from students, IT professionals, and expatriates. Leveraging rental income allows property owners to reap regular returns, which can be reinvested or saved, thereby expanding wealth across generations.

      Tax Benefits and Wealth Protection

      In India, real estate investment also provides several tax benefits that contribute to wealth preservation. For example:

      Interest deductions on home loans allow families to lower their taxable income.

      Capital gains exemptions on long-term property sales and deductions on rental income further enhance the net returns

      These tax incentives not only boost income but also allow for asset growth without excessive tax erosion, making real estate a smart, strategic choice for Indian families focused on generational wealth.

      Barriers and Solutions in Real Estate Investment

      No investment is without its challenges. Real estate requires high initial capital, carries market risks, and involves property management responsibilities. However, accessible financing options like low-interest home loans and the emergence of Real Estate Investment Trusts (REITs) have made it easier for families to overcome these barriers

      REITs, in particular, allow investors to enter the real estate market with smaller capital requirements and without the complexities of managing properties. This is especially useful for families who want to diversify their assets and access high-value real estate markets like those in Pune or Mumbai without direct property ownership.

      The Future of Generational Wealth in Indian Real Estate

      India’s economic and urban landscapes are expanding rapidly, making real estate a promising asset for generational wealth. For those who invest strategically, cities like Pune offer not only appreciation potential but a chance to build a lasting legacy. Whether through direct ownership or REITs, property investment can become the cornerstone of a family’s financial future, creating an asset that grows with each generation and sustains its value over time.

      If you’re looking to start your journey in building generational wealth, SQUAREA is here to help you invest in the right properties and secure your family’s financial future for generations