Home Loan

Most lenders would consider any property bought during the last 3 -6 months as a regular home loan application. You would be eligible for the same rates and income tax benefits as any other home loan . However, if you delay and the property purchase becomes more than 6 months old it will be treated as Loan Against Property.The rates for the same are higher and there would be no tax benefits as well.

Most lenders consider any property that has been bought during the past 3 -6 months as eligible for a regular home loan. Such loans can be availed at the same rates as any other home loan and enjoy the same income tax benefits too. However, if you delay and apply for a loan beyond 6 months after purchasing the home, it will be treated as a Loan Against Property. The rates for such loans are higher and there are no tax benefits applicable.

Yes, a single woman can get a loan. Untill a few years ago, banks hesitated to give loans to single women, fearing loss of income after marriage. With double income families becoming the norm rather than exception, lenders are now lending to single women as well. In fact, many lenders have special schemes for women such as discounts of up to 0.25%.

You will not be eligible for a loan as most lenders allow only immediate relatives to co-own property. Accordingly, only parents-son and husband-wife combinations of owners are eligible for home loans. The reason for this restriction is that if some dispute arises between the joint borrowers, their incomes might not be pooled any longer and there might be a problem when it comes to repaying the bank.

No, currently lenders do not provide loans for the purpose of purchasing property abroad. The primary reasons are operational difficulties in property verification, disbursement and different legal structures governing both home loan and repossession terms.

Most lenders of home loans offer special privileges to self-employed professionals. They recognize the fact that in such cases, income is generally understated and the earning potential of such individuals is greater that what has been disclosed. Every Housing Finance Institution (HFI) has its own conditions regarding the type of professionals they will cater to. HFIs also decide on the criteria for such professionals to qualify for the relaxed norms.

Yes, you can have as many loans against different properties. The only criterion is that you should be able to repay all the EMIs every month.

Yes, loans are available for land purchase as long as the land will be used for residential purposes only.
Many mortgage lenders like HDFC and State Bank of India offer such loans. You can get up to 85% of the purchase amount based on your credit profile and paying capacity. You get no tax breaks if you take a loan to buy a plot of land. But, if you take a loan for construction, it qualifies as a loan to build a house on that plot of land and you can get a tax break.
In such cases, the tax benefits are available on both portions of the loan - the one to purchase the plot and the one taken to construct the house thereon.
Please note that the benefits under Section 80C and Section 24 can be availed only when the construction of the house is complete.

Yes, Non Resident Indians can avail of NRI housing loans to buy a property in India. However, the loan disbursement process as well as the terms & conditions for a loan taken by an NRI are different from those of regular home loans granted to Indian residents.

Many large builders like DLF, Unitech and Hiranandani get their projects "pre-approved" by specific home loan lenders. The lender examines the legal documents of the title of that project, the stage of construction as well as the builder's track record to gauge the builder’s ability to complete the project in time. If all the criteria meet its satisfaction, the bank declares all units in the project to be "pre-approved". You do not need to get legal and technical checks conducted on "pre-approved" properties.

When you choose to purchase property that is still under construction, the lender disburses your loan in parts, based on the progress of the construction. However, till the housing loan is fully disbursed, you have to pay simple interest at the rate you have agreed upon with the lender. This is known as the Pre EMI. And from the month following which the full disbursement is made, you will start paying your EMI.

Floor Space Index refers to the ratio of the built up area of a property to the area of the land on which it is built. An FSI of 60% would mean that the total built up area of the building can be equal to only 60% of the area of the land on which it is being built. There are FSI specifications released by the relevant municipal body or development authority for all construction in its area. It is also known as Floor Area Ratio (FAR).

A fixed rate home loan is one where the interest rate charged by the lender is constant over the tenure of the loan. It is advisable to go in for a fixed rate loan only if you feel that the rate of interest prevailing in the market has touched rock bottom and the rates can only move upwards during the tenure of your loan.

A floating rate home loan is one where the home loan interest rate charged by the lender keeps changing over the tenure of the loan, according to some benchmark rate, which is market driven. Typically, the rate charged is on the basis of their cost of funds and the prevailing market rates. These rates change periodically. Accordingly the tenure increases or decreases or alternatively the EMI increases or decreases based on whether the rates move upwards or downwards. Every home loan lender decides whether to change the rate of interest or change the tenure at the time of sanction. It is advisable to go in for a floating rate if you feel that interest rates have reached a peak and can only go downwards during the tenure of your loan.

You can convert a floating rate home loan into a fixed rate one with no extra charges. However, to convert a fixed rate product to a variable rate product, most banks will charge a small fee. Usually, the swap can be done any number of times and at any point of time.

The Fixed Rate of Interest ideally remains fixed over the tenure of the loan. This rate does not change after the final disbursement has been made. It is ideally suited for situations where you expect the rates of interest to go up in the future and this fluctuation in the rates does not affect you adversely. In cases where the disbursement is spread out over a period of time and the rates might have changed in the interim. The rate of interest would remain fixed at the final weighted average rate at which the loan was disbursed. However, nowadays, many lenders are reserving the option of changing the rate on a fixed rate home loan after 3 or 5 years. So please read the fine print before you sign up for a fixed rate home loan.

Most lenders do not refund the fees that you pay to them if you cancel the loan, after taking the offer letter from them. However, there are few Government owned banks which do offer full or partial refunds. Almost all lenders refund the money in case the loan is not sanctioned.

In the case of monthly rests, the interest is calculated on the outstanding principal at the beginning of every month. Once the interest is calculated at the rate applicable to you for the month, it is deducted from the EMI received during the month.Annual rests works on the same principal, only the interest is calculated on your outstanding principal at the beginning of every year. It is also commonly known as "Yearly Reducing Balance".Monthly reducing balance is a better option, all other things being equal, as you get immediate credit for repayment and the interest component keeps reducing almost immediately on a monthly basis.

Almost all lenders charge certain administrative or processing fees apart from interest for providing a home loan in India. You must compare all these charges as well before signing on to a home loan contract. Legal fees - payable to the lender or to the legal consultants of the lender.
Technical or Valuation charges - payable to the lender or to his technical consultant. Stamp duty on creation of mortgage - some banks charge this fee whilst other banks normally just have a clause that requires this to be paid in the event the state government actually charges this amount. The escape route for non-payment of this duty are progressively being eliminated and the fact that the consumer carries the liability to pay this duty in the future if demanded by the state government along with interest and penalties in the future. So, this should not really be used by a consumer to eliminate a lender just because he is paying this stamp duty to the government.
Prepayment Charges - This is the biggest charge that most consumers miss taking into account. A loan can be prepaid either in part or in full at any given point of time. You can also prepay a loan even when it is only partly disbursed. However, most banks have an upper limit on the number of times a person can prepay his loan in a year as well as on the minimum amount you can prepay each time. Until recently, banks charged a penalty for part or full prepayment. Increased competition has forced most banks to allow repayment without any charges if it is funded from own sources. In case the borrower, is transferring the loan to another lender he will need to pay the full charges.

You will be eligible to claim both the interest and principal components of your repayment during the year. Interest can be claimed as a deduction under Section 24. You can claim up to Rs. 150,000 or the actual interest repaid, whichever is lower. (You can claim this interest only when you are in possession of the house). Principal can be claimed up to the maximum of Rs. 100,000 under Section 80C. This is subject to the maximum level of Rs 100,000 across all 80C investments. You will need to show the statement provided by the lender showing the repayment for the year as well as the interest & principal components of the same.

If you took a home loan and are still living in a rented place, you will be entitled to:
Tax benefit on principal repayment under Section 80C
Tax benefit on interest payment under Section 24

Of course, you can claim tax benefits on the home loan only if your home is ready to live in during that financial year. Once the construction on your home is complete, the HRA benefit stops. If you took a home loan, got possession of the house, have rented it out and stay in a rented accommodation, you will be entitled to all the three benefits mentioned above. However, in this case, the rent you receive would be considered as your taxable income.

You can claim income tax exemption if you are a co applicant in a housing loan as long as you are also the owner or co owner of the property in question. If you are the only person repaying the loan, you can claim the entire tax benefit for yourself (provided you are an owner or co-owner). You should enter into a simple agreement with the other borrowers stating that you will be repaying the entire loan. If you are paying part of the EMI, you will get tax benefits in proportion to your share in the loan.

Yes, you can get the 80C benefit on both loans. However, the total amount that you will be entitled to will be a total of Rs 100,000 across both the homes.The interest paid on a home loan is not directly deductible from your salary income for either of your flat loans. Income from house property will be calculated for each flat you own. If either of these calculations shows a loss, this loss can be set off against your income from other heads.As for Section 24 deduction, on your self-occupied house, you can take advantage of interest payments up to Rs.1,50,000. For the other property, you can claim actual interest repaid and there is no limit for the same.

Fluctuating value of the property does not affect your EMI or your home loan liability. If you fail to repay your home loan you will be damaging your credit profile and any chances of getting a loan in the future. In such a case, where you want to dispose of the property because of loss in value – you will be much better off if you prepay your home loan and then sell the property.

Most lenders do not insist on property insurance when disbursing a loan. However, it is advisable to buy insurance as your home will be one of your most valuable assets. The home insurance rates are very affordable, especially when bought for a long duration of say 10 years. It would cost close to Rs. 50 per lakh of property value per year.

Yes, you can sell the property with the consent of the lender. This consent letter usually mentions the amount at which the home loan can be considered fully paid off. This amount is inclusive of prepayment charges as applicable and calculated at a future date to give you enough time to find a buyer. Based on this letter, you can negotiate with potential buyers.If the buyer, wants to take a loan to purchase the property the process is much simpler if he approaches the same lender. Then the lender does not need to release the title papers to another lender before getting the payment.If the buyer wants to make an outright payment, he can make the payment out to the bank directly based on the consent letter. The balance negotiated amount is paid out to you. The property papers will be released only after the bank has recovered the entire amount of the loan, including the prepayment charges.

Yes, the change in amount can be done at any point before disbursement. Any increase in loan amount will, however, be subject to the eligibility conditions. The bank might also charge you excess fees on requesting an increase in the loan amount. The bank is not obliged to return excess fees paid, in case you are requesting for a reduction in the loan amount.

Before you transfer your home loan, you must be very clear regarding why you want to change lenders. Is it because you want a better interest rate and a lower EMI? Is it because of service? Or, any other reason? There is usually a pre-payment penalty on home loans, so please understand that you will lose some money when you transfer away from your present lender. Additionally, the new lender might also charge you a loan processing fee. So, you might end up paying two types of fees during this transfer. Ask both the lenders what the fee will be. Make sure that you do the calculations of whether you will really save money with the transfer or not. The last thing you want to do is pay all these hidden charges. Also, practically speaking, you want to make sure that you are not going to add to your headache on the service levels.

NRI Corner

Shraddha Lifespaces is Mumbai's premier real estate developer. It provides comprehensive residential and office space solutions across real estate categories. We have a focused dedicated sales team which offers real estate solutions to our prestigious NRI clients. The team reaches out to NRIs in various regions by way of exhibitions, road shows and seminars and fulfils sales through our dedicated project sales team. We understand the requirements of our NRI clients and provide real estate solutions which fit their needs. For further information please contact us.

BANKING

NRIs/OCBs can open the following types of accounts with banks in India, which hold authorized dealer licenses, as also other banks, specifically authorized by the Reserve Bank to maintain accounts in the names of NRIs/OCBs.Rupee Accounts- Non - Resident (Ordinary) Account - NRO A/c. Non - Resident (External) Rupee Account - NRE A/c. Foreign Currency Accounts- Non - Resident (Foreign Currency) Account - FCNR A/c (in Pounds, Sterling, US Dollars, Japanese Yen and Euro). A person, resident in India, who is earning foreign exchange, is also permitted to maintain a Foreign Currency account in India with an authorized dealer bank, to the extent of 50% of such foreign exchange earnings, under the Exchange Earners Foreign Currency Account (EEFC) Scheme.

The special features are as under:

NRO A/C: The funds, standing to the credit of this account, cannot be repatriated outside India in foreign exchange, without prior permission of the Reserve Bank of India. Interest, earned on these accounts, is, however, eligible for repatriation outside India, net of Indian taxes. The remittance of interest (net of taxes) will be permitted by the authorized dealer, where the account is maintained, if the account holder makes an application to the authorized dealer, in the prescribed form. No RBI permission is required for remittance of interest.

NRE A/C: The funds, standing to the credit of this account, as well as interest earned thereon, are remittable outside India in free foreign exchange, without permission of the RBI. The interest income is not subject to Indian Income-tax. Credits to the accounts should be in the form of remittance in foreign exchange from outside India, as well as other funds, which are eligible to be remitted outside India, in free foreign exchange. Funds, emanating from local sources, are not eligible to be credited to these accounts, unless these funds are otherwise remittable outside India, in terms of the existing Exchange Control Regulations.

FCNR A/C: These accounts can be opened in four foreign currencies: i. Pounds Sterling; ii. US Dollars; iii.Japanese Yen; iv. Euro. For the purpose of opening an account, remittance in foreign exchange, in the same currency, should be received in India. The accounts can be opened only as fixed deposits, with a minimum maturity of one year and, a maximum maturity of three years. The principal, as well as interest, earned on these accounts, is remittable outside India, in the same currency or, in other convertible currency, as desired by the account holder. The interest, earned on these deposits, is exempt from Indian Income-tax.

Balances held in NRE accounts can be repatriated abroad freely, whereas funds in an NRO account are not generally repatriable. Repatriation of balances held in NRO accounts is allowed subject to certain conditions. Funds remitted from abroad or local funds which can otherwise be remitted abroad to the account holder can be credited to NRE accounts. Funds due to the non-resident account holder which do not qualify, under the Exchange Control regulations, for remittance outside India are required to be credited to NRO accounts. The interest income earned on NRO attracts income tax deduction at source.

No. Only those banks holding an Authorized Dealers' license or banks specially authorized in this regard by the Reserve Bank of India (RBI) are permitted to open these accounts on behalf of NRIs.

NRO accounts can be held jointly with residents. However, NRE accounts cannot be held jointly with residents. It can be held jointly only with NRIs.

Repatriation is allowed up to US dollars 1 million per calendar year for any purpose from the balances in NRO accounts subject to payment of applicable taxes. The limit of US dollars 1 million includes sale proceeds of immovable properties held by NRIs/PIOs for a period of 10 years. In case a property is sold after being held for less than 10 years, remittance can be made if the sale proceeds have been held by the NRI/PIO for the balance period.

Legal Guide

In many states in India, the Agreement of Sale between the builder and purchaser is required by law to be registered. You are advised in your own interest to lodge the agreement for registration within four months of the date of the Agreement at the office of the Sub Registrar appointed by the State Government, under the Indian Registration Act, 1908.

One can choose not to grant the Power of Attorney (POA) to the developers. However this will mandate the mailing of all documents to your foreign residence and associated time delays. A good compromise is to grant the POA to the builder only for specific necessary items.

Term of Investment -

This is important as you need to hold on for at least 1 to 3 Years for a decent capital appreciation and if you sell your property at a profit within 3 years the gain is considered as a short term capital gain, which is taxed at par with the Income Tax rules at around 30 to 35%, as applicable. It is better to stay invested for 3 years and then plan the next investments for the capital gains etc.

Pre-Launch offers -

Investing in property means also an entry load by paying stamp duty and registration fees and other incidental charges to the Builder etc. If you are investing it is always wise to invest as soon as the project is launched as this gives you enough time for appreciation as usually the builder goes in the Stock Market kind of a mode in the first year of its property by hiking the prices every few months.

Know your Builder -

It is imperative to know your Builder and the project as at the time of your exit the builder has to be extremely co-operative, the first question to shoot when you are buying an Under Construction Project is - If I sell what happens? When can I Sell? Will you charge me some transfer fees? How the paper work will be done between the Seller, Builder and the Buyer?

Invest with Deep Thought -

The present market is volatile in Mumbai and it is imperative for you to give a deep thought on various accounts, which begins from the Project, Infrastructure available within the Project, Outside the project in the neighbourhood, Selling prospects, Leasing prospects, Neighbourhood development, Distances to Schools, Markets, Malls, Hospitals, Highways, Airports, Railway stations etc. These should act as your analysis points.

For NRIs -

especially before coming to India, make sure you are carrying most of the relevant papers with you. You should always have an NRE and an NRO account in India and if you are looking to invest in Mumbai then one should have an account in Mumbai for easiness. Review your NRI allowances by the Government of India every budget etc.

Home Loans -

You can set off your EMI's if you invest wisely in a property as the rates are presently around 8% and your rental returns are around 4-6%. You can be a happy man if you do this fool proof homework as your EMI can be hedged off against the rent receipts to a certain degree.

Re-Sale Properties -

In a booming market every property owner wants to cash on in his property at the best value. A few issues which we face are the commitment level of the seller and we can stumble on to good transactions at times, but this is more of a time consuming process at times. The repair value, old building and other property documentation issues can be challenging in certain transactions.

Returns -

It is always advisable to take a conservative approach in both Capital Appreciation and Rental returns. However one can safely expect appreciations anywhere upwards of 15% Per Year and Rental Yields of 4 to 6%.

TAXATION

Under the Income-tax Act, 1961, the three residential status are defined: Resident and Ordinarily Resident (ROR) Resident but Not Ordinarily Resident (RNOR) Non Resident Indian (NRI).

Bank deposits, investment in shares, units of mutual funds etc. are exempt from wealth tax in India. Interest earned on NRE and FCNR accounts is completely tax-free Gift tax has been abolished for all types of gifts from the 1st October 1998. However, gifts received on the occasion of marriage or from relative or under will or inheritance would not be subject to tax.

To avail the benefit of lower rates of tax as per double taxation avoidance treaty entered in by India, NRIs need to submit the Residency Certificate issued by Tax Authorities of the country of his residence. These documents should be submitted to the designated bank branch at the time of opening the bank account or subsequently. New TDS rate shall be applied only after the acceptance of the Residency Certificate by the designated bank.

BUYING IMMOVABLE PROPERTY

Regulations regarding acquisition and transfer of immovable property in India by a person resident outside India has been notified vide RBI Notification No. FEMA 21/2000-RB dated May 3, 2000 as amended vide Notification No. FEMA 64/2002-RB dated June 29, 2002 and Notification No. FEMA 65/2002-RB dated June 29, 2002 and relevant directions issued in the form of A.P. (DIR Series) Circulars.

General Permission is available to purchase only a residential/commercial property in India to a person resident outside India who is a citizen of India (NRI) and who is a Person of Indian Origin (PIO).

For the purpose of acquisition and transfer of immovable property in India, a PIO 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) at any time, held Indian passport; or (ii) who or either of whose father or grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955).

NRI/PIO who has purchased residential/commercial property under general permission is not required to file any documents with the RBI.

Yes. Reserve Bank has granted general permission for sale of such property. However, where the property is purchased by another foreign citizen of Indian origin, funds towards the purchase consideration should either be remitted to India or paid out of balances in NRE/FCNR accounts.

In respect of residential properties purchased on or after 26th May, 1993, Reserve Bank considers applications for repatriation of sale proceeds up to the consideration amount remitted in foreign exchange for the acquisition of the property for two such properties. The balance amount of sale proceeds if any or sale proceeds in respect of properties purchased prior to 26th May, 1993, will have to be credited to the ordinary non-resident rupee account of the owner of the property.

Applications for repatriation of sale proceeds are considered provided the sale takes place after three years from the date of final purchase deed or from the date of payment of final instalment of consideration amount, whichever is later.

Applications for necessary permission for remittance of sale proceeds should be made in form IPI 8 to the Central Office of Reserve Bank at Mumbai within 90 days of the sale of the property.

Yes. Reserve Bank has granted general permission to foreign citizens of Indian origin to acquire or dispose of properties up to two houses by way of gift from or to a relative who may be an Indian citizen or a person of Indian origin whether resident in India or not, provided gift tax has been paid.

Yes. Under the general permission granted by Reserve Bank properties other than agricultural land/farm house/plantation property can be acquired by foreign citizens of Indian origin provided the purchase consideration is met either out of inward remittances in foreign exchange through normal banking channels or out of funds from the purchasers' NRE/FCNR accounts maintained with banks in India and a declaration is submitted to the Central Office of Reserve Bank in form IPI 7 within a period of 90 days from the date of purchase of the property/final payment of purchase consideration.

Yes.

Yes. Repatriation of original investment in respect of properties purchased by foreign citizens of Indian origin on or after 26th May 1993 will be allowed to be remitted up to the consideration amount originally remitted from abroad provided the property is sold after a period of three years from the date of the final purchase deed or from the date of payment of final installment of consideration amount, whichever is later. Applications for the purpose are required to be made to the Central Office of Reserve Bank within 90 days of the sale of property in form IPI 8.

Yes. Reserve Bank has granted general permission for letting out of any immovable property in India. The rental income or proceeds of any investment of such income has to be credited to NRO account.

Reserve Bank has granted general permission to certain financial institutions providing housing finance e.g. HDFC,LIC Housing Finance Ltd. etc to grant housing loans to NRIs for acquisition of houses/flats for self-occupation subject to certain conditions.

Authorized dealers have been granted permission to grant loans up to non-resident Indian nationals for acquisition of house/flat for self-occupation on their return to India subject to certain conditions. Repayment of the loan should be made within a period not exceeding 15 years out of inward remittance through banking channels or out of funds held in the investments' NRE/FCNR accounts.

Reserve Bank permits Indian firms/companies to grant housing loans to their employees deputed abroad and holding Indian passport subject to certain conditions.

One will need a guarantor for a loan mainly for collateral security. The guarantor will haveto demonstrate appropriate net worth to cover for the loan. Usually one can have a guarantor in any city where the loan issuer has a branch. Talk to loan issuers they will work something out for NRIs and foreign banks.

One can choose not to grant the Power of Attorney (POA) to the developers. However this will mandate the mailing of all documents to your foreign residence and associated time delays. A good compromise is to grant the POA to the builder only for specific necessary items.

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