Friday, January 14, 2011

Things to do before you sell your house

Following article appeared in The Economic Times Mumbai on 14th Jan 2011 and may be interest to readers of the blog:

Things To Do Before You Sell Your House
And, before you rush to buy a new house from that money, get your paperwork in order to avoid nasty surprises
Vidyalaxmi 


    PLANNING to sell your old house to buy a new one? You may have settled for a smaller house constrained by your budget and the size of the family. Today, a better-paying job, an asset in the form of an old house may make the dream of buying a new house possible. Typically, it’s never too difficult to put a flat on sale in metros such as Delhi, Mumbai or Chennai. There is always a demand for real estate in these cities, which will fetch you the market value or even higher, depending upon the amenities, suburb and the area of the house. But it is important to ascertain the right value of the house and wind up the process in time so that you are not homeless from the time you leave the old house to the time you occupy the new one.

Evaluation Of The House: The value of a property depends upon several factors, such as the location, size of the house other amenities and the overall market trends in terms of appreciation and depreciation. But before putting your house on the block, you have to get the right value for your house, “Typically most individuals are aware about the rates in and around their locality. But if an investor is keen on selling, he should ideally get a surveyor or a couple of brokers to check out with your neighbours. Get the property evaluated by 2-3 brokers to get an accurate quote,” says Gulam Zia, director, National Advisory Services, Knight Frank. 

Document Checklist: A buyer may not insist on all the documents but if he is planning to avail of a housing loan, then the bank will insist on the smallest document related to the house. Hence, it is always better to do a document check before you start negotiating with potential buyers. The most important documents required to sell a residential property are the housing society share certificate and the sale/ purchase deed. The sale deed will confirm the land/flat is on your name (the seller’s name) and only you have the full right to sell the land/flat. You need a copy of previous deeds if you have also bought it as a resale property. The previous deed/deeds are required to confirm the authenticity of the deal and the property. You also need original copies of the stamp duty and registered house documents. The seller will also require a no-objection certificate (NOC) from the housing society. In case of joint ownership, the owner/owners have to submit documented consent from the joint owners. “Homebuyers insist on these documents if they are opting for a housing loan. Apart from the title clearance and NOC, the precise details regarding the age of the building, the floor plan, the carpet and built-up area, the conveyance of the society, car parking status, land title (free hold/lease hold/collectors land) and transfer charges of the building and the apartment need to be attended to,” Zia adds.

The Case Of Missing Documents: Often houses which are 30-40 years old may not have proper registration. There have been announcements for homeowners to update the required paperwork. If you have not completed the required procedure, you should ideally pay off the outstanding stamp duty and file for a registration. “In the case of a missing share certificate, the intending seller should request the housing society to issue a duplicate copy. If the sale/purchase deed and/or chain of agreements/deeds are misplaced, an indemnity bond needs to be furnished by the seller along with a confirmation letter from the housing society,” explains Mrunal Duggar, V-P, homebay residential, Jones Lang La-Salle Meghraj. Similarly, if the original copy of stamp duty and registered house documents are unavailable, an indemnity bond must be furnished by the seller. “In any case, the deed must be registered after paying up the valid stamp duty. A public notice will also have to be issued,” Duggar adds. But remember you cannot sell the mortgaged property. Borrowers tend to take the payments in tranches and pay off the loan from one such instalment. But if the buyer insists on 100% paperwork before he pays the first instalment, then you cannot carry forward the deal if you are servicing the loan. 

Tax Implications: When you sell a house and make a profit, in financial jargon, you are supposed to have made capital gain. You have to pay a certain tax on this profit, which is called the capital gains tax. But you can be exempted from this tax if you invest in another house subject to certain conditions (see table). The long-term capital gain on the sale of a house can be claimed as exempt from tax under Section 54 whereas the long-term capital gain on the sale of any asset other than a house can be claimed exempt under Section 54F. To claim full exemption under Section 54, you must invest the amount of long-term capital gains in a residential house whereas under Section 54F you are required to invest the amount of net sale proceeds in a residential house. Further, exemption under Section 54F cannot be claimed if you own more than one house at the time of sale of the asset. Under both the Sections, the new house can be purchased either within a year before the date of sale or within two years from the date of sale. If you cannot make the required investment before the due date for filing of return of the year in which the property is sold, the amount of capital gain or net consideration, as the case may be, is required to be deposited in a separate account (called Capital Gains Tax Saving Scheme Account) in a nationalised bank before you file the return. You can use the balance in this account to make payments for your purchase of house. Note that, you can reinvest only in a residential property. This does not include a commercial property or a vacant plot of land. Similarly, short-term capital gains enjoy no exemption under either of the Sections. 

    “The house you are planning to sell would be classified as short-term capital asset if the holding period is less than three years. There is no exemption available on reinvestment, be it a new house or capital gains tax saving bonds,” explains Vaibhav Sankla, executive director, Adroit.
Stay Put Till The New House Is Ready: It’s important to buy a flat which is ready for possession. Typically, builders promise a certain timeline by which they hand over the house to you. But there is no legal binding on such deadlines. Since this timeline is not mentioned on the agreement, you are at the builder’s mercy till the project is completed. Hence, always opt for a ‘ready for possession’ house if you plan to sell the old house. Otherwise, you may have to stay in a rented flat and foot the double expense of a rent and a loan. 

   The need for bigger space is justified. But first get the paperwork in place for both the houses, arrange for the loan and other finances, finalise the buy-first followed by the sale within a short span of time. Otherwise, you may end up paying a huge bill or end up being homeless.

LEST YOU FORGET BEFORE SELLING THE OLD HOUSE 

Get your property evaluated by surveyors or brokers to arrive at its right market value.
Get all the documents in place according to the bank’s requirement for a housing loan.
If you have misplaced the sale/purchase deed and/or chain of agreements, furnish an indemnity bond with a confirmation letter from the housing society.
 
You may take payments from the buyer in tranches and pay off the loan from one such instalment, But on paper, you cannot sell your mortgaged property.

Pay off the outstanding stamp duty and apply for missing documents before putting the house on sale 

…& BUYING A NEW HOUSE 

Ask for intimation of disapproval (IOD) that lists out the conditions on which the building should be constructed
The IOD document is usually valid for one year and has to be revalidated thereafter
Ask for the commencement certificate. It is issued by local authorities. It gives licence to the builder to begin construction only after all the terms and conditions have been met
Ask for occupation certificate. It is issued by the local municipal body after the builder provides for basic amenities such as water and electricity.

If you are buying a house on resale, you must not forget to ask for the title deed.

Wednesday, January 5, 2011

Mission(ary) Position

Consequent to publishing of blogpost - “Abracadabra…Gili….Gili…Choo..”, following comment was received by email from Mr Rajesh Sonawane.

Please carefully read on the mission statement of Mahindra Lifespaces Developers Limited(MLDL), which is quoted in below comment. Readers of the blog can’t miss the gawking divergence between mission statement of MLDL and unethical corporate behaviour on display.

I hope that missionary & visionary who drafted this mission statement tries to figure out in which position this statement is lying around – down in the dumps or is it still worthy of hanging on the wall in corporate office.

Anyway, keep watching the blog. Mission Statement of MLDL will get ripped off in another blogpost.

Meanwhile, read on while you enjoy your latte.  

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QUOTE

Dear Folks,

Once again, a Happy New Year to you all.

Much against wishes, our little battle with our esteemed developer continues unabated. The vestiges of discontent  are tragically alive -  like ambers of a bonfire.

It would have been nicer to meet with MLDL over new year's eve and tell them how fabulously thrilled we are as their customers. 

Sadly...

We are no longer their customers, we are nobody. Customers are those hallowed people who walk in for new bookings, ready to take a leap of faith. We have been recruited. Done and dusted. End of story. We are their last year's promotion!

Have a look at the two plans in the blog post released by Capt. Anil Rai. 

There is a clear and present discrepancy in what MLDL promised and ultimately delivered. It does take some temerity to have two different plans staring in your faces and still claiming you have done nothing wrong. 

If MLDL is right (and they better be), the question is, "right" by what justification. The rote of the law? Fair enough. Then why do they require poets to sell their properties? Their brochures are not written by lawyers, are they?

The club house is prospectively delayed beyond January 31st. The design is flawed. Worse, after all that delay, they are erecting a municipal building (that was never a part of the initial sales pitch) bang in front of the pool, compromising the privacy and the modesty of their revered customers!

There's only disillusionment here. We as consumers have walked into. WE TOOK the leap of faith. 

But we hedged our bets on the best practices expected from a corporate. We came to MLDL not to some petty operator. And we paid a premium for every square inch of that belief.

Here is the MLDL MISSION STATEMENT:

+++++++++++++++++++++++++++++++++++++++++++
Inspired creations. Service that makes the difference. Healthy living.

Inspired creations:
Each of our projects will be ‘inspired’ by the voice of the customer through a process of co-creation. We will attempt to understand the customer’s needs and his aspirational lifestyle and ensure that our project captures the essence of the customer’s needs and the same is reflected in the design elements.

Service that makes the difference:
We are committed to delighting the customer at every contact point.

Healthy living:
In today’s hectic and demanding lifestyle people are increasingly seeking physical and emotional well-being, both for self and family. People are aware of the pitfalls on health & are hassled by the ugliness of the urban lifestyle. They are getting more and more health conscious. We will be sensitive to this growing need amongst our customers.

The homes that we make will be designed to give the customer a feeling of openness with ample natural light and ventilation and at the same time taking care of the privacy of individual owners. There will be emphasis on greenery in the complex with landscaped gardens giving a feeling of being close to nature. We will endeavour to provide amenities that ensure that our customers enjoy a healthy life.

"Emotional health" essentially implies peace of mind and a feeling of "I am in competent, trustworthy hands". This key benefit is sought to be delivered through our service – transparency, empathy and speed of response.

++++++++++++++++++++++++++++++++++++++++++++++++++

Sadly 'Mission Statements' have as much significance as Lal Bahadur Shastri's picture has behind the bureau of every corrupt minister.

Put your hands up guys. Read your manifesto. It seems your customers are the only people who have read it

In the new year I hope MLDL stop defending themselves with a shield that has so many holes in it, it is embarrassing to see the lot of them quaking behind it. Hope we have a year without the remonstrations mentioned above. Hope I never have to write one more mail like this.

Cheers and Good Luck,

Rajesh Sonawne.

UNQUOTE
==================================================

5 Point Something

Consequent to publishing of blogpost – “Abracadabra..Gili...Gili...Choo..., following comment with five point questionnaire was sent by Mr Kedar Sohoni via email. That comment is being posted here for wider visibility.

Read on….

++++++++++++++++++++++++++++++++++++

QUOTE

To MLDL,

I really hope someone from MLDL takes cognizance of this new blogpost and gets back with clear answers around the points we are raising. This post highlights the unrest amongst the residents as a lot of core questions have been unanswered:

1.       Why was the layout of Aspen changed? If there was a soil related issue, please furnish a formal document proving the same.

2.       Why was the plot next to the club house given to BMC when in the original layout it was supposed to be part of Eminente?

3.       What exactly is going to come up in the plot next to the club house? Is it a municipal park or is it a commercial complex?

4.       How do you expect residents of Mahindra Eminente to use the swimming pool in case a commercial complex is going to come up bang next to it? What corrective measures are being planned in such a case?  

5.       While we are at it, I might as well ask if the N times revised deadline of 31st January 2011 for commencement of usage of the clubhouse still holds.

By not responding to these questions that affect all residents, you are not going to help matters at all. This is just going to raise the discontent amongst residents and lead to rampant speculation.

Please get back ASAP on the points mentioned above.

Happy New year!

UNQUOTE

++++++++++++++++++++++++++++++++++++++++

Tuesday, January 4, 2011

Abracadabra...Gili..Gili...Choo

Is there anybody who wants lessons in creating magic- like the one P.C. Sorcar does?

Looking for Magic Guru?

Why go so far off to P.C.Sorcar when you have gurus from Mahindra Lifespaces Developers Limited (MLDL) just round the corner. 
Don’t believe me…?? OK, Ok Lemme explain…..
Look at this picture below. This lovely colourful layout plan was shown to all the potential customers who visited the site office at the time of booking their apartments in blocks- VERVIAN and VERONICA.


MammaMia…Looking at this lovely colourful layout plan, customers started dreaming of owning a house in the midst of this greenery a la Mungerilal of Mungerilal ke Haseen Sapne.

Pretty soon MLDL had its bank accounts bulging with booking amount collected from customers who were very keen on continuing with haseen sapne of living in the residential homes built by one of the trusted brands in India. At that stage no purchase agreement was signed between customers and MLDL, because customers were told by MLDL, that agreement booklets with required documentation is not yet complete. When Customer Phansao Department (fool-the-customer department) got enough bookings for their residential towers Vervian and Veronica, they gave green signal to their magic team of Project managers, architects, landscape designers and also legal team to commence the magic.

…..And then enters the magician……….

MLDL magician complete with long magic hat – hiding kabutars inside, long cape – hiding rats, cats & dogs inside and holding that special magic wand.

……Clap, clap, clap……..

(Clap sound wears down) ……

Magician waves his magic wand and chants loudly…..

……ABRACADABRA……GILI….GILI….CHOOOO……

Then appears white cloud….WHOOSH……and here you go….new layout plan as below….


Legal department quietly slips new layout plan in the sale agreement and offers that to customers with clearly marked cross marks for customer’s signature. Trusting brand MAHINDRA, customers do not expect any hanky-panky and sign the agreement without realising that magician MLDL has done ABRACADABRA and made BAKRA out of its customers.

When the residents confront MLDL with this change in layout, legal eagle of MLDL steps in and just  like a typical lawyer starts the reply by denying all the allegations.

How can legal department of MLDL deny the allegation that layout plan was changed without resorting to ethical behaviour of taking their customers into confidence?

MLDL unilaterally changes the goal post and then they say that we deny allegation of wrong doing!!!

Is it not the case of IMPROPRIETY on the part of MLDL?

Does it not mean that Mahindra Lifespaces Developers Limited(MLDL) has bid goodbye to ethical corporate behaviour  and is just governed by short term greed like other unscrupulous builders in Mumbai?

We all know that legal eagles are maintained by companies on fat retainers to constantly churn out unreadable fine print tucked away in documents to confuse the customers and when confronted they again churn out legal jargon with practised ease, very much like the way vendors churn out kala-khatta gola on Juhu Chowpatty.

This kind of condemnable behaviour on the part of MLDL doesn’t add to group’s reputation in anyway. Its easy to find paid column space in reputed business magazines, its easy to buy journalists to write favourable opinion about the company (as we have seen in recent Nira Radia case), but nothing can beat positive word-of-mouth from customers. Legal department should also take a lesson or two about legal propriety and stop churning out dollops of bollocks. Otherwise time is not far when we will see collective might of MLDL magicians chanting

……ABRACADABRA……GILI….GILI….Chii…chii…chii…

and turning MLDL into another SATYAM.

Chii..chii…chii !!!! (Shame....shame...shame!!!).


Also, readers may like to read following :

1.     Wall of Shame
4.     Nudge Baliye

Happy New Year 2011

I received below SMS with New Year Greetings. Recognising the ingenuity of SMS writers, I reproduce verbatim that SMS here.

Jab Musharraf Pakistan se bhaag sakta hai
Zardari President ban sakta hai,
Peshawar mein ek din pehle chaand dikh sakta hai,
Newzealand Bangladesh se haar sakta hai,
Pappu paas ho sakta hai,
Munni badnam ho sakti hai,
Sheila jawan ho sakti hai,
2 nain mast ho sakte hain,
Pyaaz 80 rupaye kilo ho sakti hai,
To phir….
.
.
.
.
.
.
.
.
.
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Main 3 din baad New Year Wish nahin kar sakta kya?

HAPPY NEW YEAR!!!