Can I get my House financed?
How Much Loan Can I Avail?
What is the term of the loan that banks offer?
What are the documents required for availing a home loan?
For Salaried applicants
For Self Employed Applicants
Stamp duty rates have been revised w.e.f April 2012 as under -
For residential as well as commercial units the stamp duty payable is applicable @ 5% of market value of such a unit or consideration paid under the agreement, whichever is higher.
The market value of the Unit is determined on the basis of stamp duty ready recknor issued by the government every year on January 1st. Further registration fees are payable @ 1% of market value/consideration (whichever is higher) and is capped up to Rs. 30,000/-.
An Indian Citizen who holds a valid Indian passport and stays abroad for employment/carrying on business or vocation outside India or stays abroad under circumstances indicating an intention for an uncertain duration of stay abroad is a non-resident Indian (NRI). Non-resident foreign citizens, of Indian Origin, are treated at par with non-resident Indians (NRI).
A foreign citizen (other than a citizen of Pakistan, Bangladesh, Afghanistan, Bhutan, Sri Lanka or Nepal) is deemed to be of Indian origin if:
He held an Indian passport at any time,
He or his father or paternal grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (Act No. 57 of 1955).
Overseas Corporate Bodies (OCBs) are those which are predominantly owned by individuals of Indian nationality or origin residing outside India and include overseas companies, partnership firms, societies and other corporate bodies which are owned, directly or indirectly, to the extent of at least 60% by individuals of Indian nationality or origin residents outside India as also overseas trusts in which at least 60% of the beneficial interest is irrevocable held by such persons. Such ownership interest should be actually held by them and not in the capacity as nominees. The various facilities granted to NRIs are also available with certain exceptions to OCBs as long as the ownership/beneficial interest held in them by NRIs continue to be at least 60%.
NRIs/OCBs are granted the following facilities:
Maintenance of bank accounts in India.
Investments in securities/shares of, and deposits with, Indian firms/companies.
Investments in immovable properties in India.
If you are of Indian Origin and hold an Indian Passport, then you are entitled to buy property in India. If you are an overseas passport holder like a US Passport or a British Passport Holder, then you need to have a PIO Card. This can be applied for at the Indian Embassy or Consulate in your country where you are residing or you could enquire with them for further details. It is sufficient if you have your father's or mother's passport or birth certificate or any other proof of their being an Indian Citizen. It is essential to carry that proof with you.
There is no restriction or condition on payment while buying property. Normal banking channels are applicable.
FCNR. Foreign Currency Non Resident account in India.
NRE. Non Resident (External) Rupee account in India.
Remittance from abroad through normal banking channels.
NRO. Non Resident (Ordinary) Rupee account in India.
Although the payment could be in rupees or any foreign currency, no repatriation benefits are applicable on these investments.
Yes, as an NRI you can apply for a home loan in India. Getting a home loan is as easy for an NRI as a resident Indian. Some lender may, however, ask for a local power of attorney holder.
If the NRI's property is lying unused, he can lease it out and earn the proceedings. RBI approval or permission is not required. There are only two restrictions, (i.e.) the proceeds out of this lease is taxable and the proceeds cannot be taken out of India. Also, outright selling of NRI property does not require RBI permission although the profit on sale is liable to capital gains tax.
If an NRI wishes to sell his property and take away the profits, then:
IF PROPERTY WAS BOUGHT IN FOREIGN EXCHANGE.
He can take away the proceeds.
Sale is restricted to only two properties
Sales allowed only after three years.
IF PROPERTY WAS BOUGHT IN INDIAN RUPEES.
Money must be kept in India.
IF PROPERTY FOR COMMERCIAL PURPOSES IS BOUGHT IN FOREIGN EXCHANGE.
Any or all can be sold
Entire proceeds can be transferred.
Non Resident Indians are allowed to make real estate investments in India without any cap on the quantity or the number of investments.
Yes, an NRI / PIO may gift residential / commercial property to a person resident in India or to an NRI or a PIO. However, a foreign national of non-Indian origin gifting to another foreign national needs prior approval of the Reserve Bank of India.
There are no restrictions on the number of residential / commercial properties that can be purchased by an NRI / PIO under general permission.
(a)NRIs and PIOs can freely acquire immovable property by way of gift either from
a person resident in India or
an NRI or
However, the property can only be commercial or residential. Agricultural land / plantation property / farm house in India cannot be acquired by way of gift.
(b) A foreign national of non-Indian origin resident outside India cannot acquire any immovable property in India through gift.
A person resident outside India i.e.
a PIO and
a foreign national of non-Indian origin can inherit and hold immovable property in India from a person who was resident in India. However, a citizen of specified countries (Pakistan, Bangladesh, Sri Lanka, and Afghanistan) should seek specific approval of Reserve Bank.
A person resident outside India (i.e. NRI or PIO or foreign national of non-Indian origin) can inherit immovable property from
a person resident in India
a person resident outside India
However, the person from whom the property is inherited should have acquired the same in accordance with the foreign exchange regulations applicable at that point of time
Refund of application / earnest money / purchase consideration on account of non-allotment of flat / plot / cancellation of bookings / deals for purchase of residential / commercial property, together with interest, if any (net of income tax payable thereon), is allowed provided the original payment was made out of NRE / FCNR account of the account holder or remittance from outside India through normal banking channels and the authorised dealer is satisfied about the genuineness of the transaction.
The non-resident Indians who are staying abroad may enter into an agreement through their relatives and/or by executing the Power of Attorney in their favour as it is not possible for them to be present for completing the formalities of purchase (negotiating with the builder or Developer, drafting and signing of agreements, taking possession, etc.) These formalities can be completed through some known person who can be given the Power of Attorney for this purpose.
An NRI can sell property in India only to:
A person resident in India
A PIO can sell property in India only to:
A person resident in India
A PIO (with the prior approval of Reserve Bank of India)
A Foreign national of non-Indian origin, including a citizen of any of the following countries viz. Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, and Bhutan can sell property in India with the prior approval of Reserve Bank to:
A person resident in India
The repayment of the interest portion of the EMI is allowed as a deduction under section 24 under the head "income from house property" up to Rs. 1,50,000/- for self occupied property and full amount in case of let-out property if the purchase or construction is completed within a period of three years from the end of the year in which the loan is taken.
The repayment of principal amount of the loan can be claimed as a deduction under section 80C up to a maximum amount of Rs. 1 lakh. You can also claim deduction under Section 80C towards payment made for stamp duty, registration fee and other expenses for the purpose of transferring the property in the name of the assessed. All these deductions however should not exceed the overall limit of Rs. 1 lakh.
However, deduction under Section 80C is not available in respect of payment made towards the cost of any addition, alteration, renovation or repair carried out after the issue of the completion certificate.
According to the Indian Income Tax Act, if a person (resident or NRI) owns more than one house property, only one of them will be deemed as self-occupied. There will be no income tax on a self-occupied property. The other one, whether rented or not, will be deemed to be given on rent and deemed rental income (based on certain valuations prescribed by the income tax rules) will be added to income. Further, TDS will be deducted on actual rental incomes earned by NRI.
Wealth tax is levied on the value of specified assets in excess of the Rs. 30,00,000. Specified assets include house property. However, the Wealth Tax Act provides an exemption in respect of one house property. There is a specific exemption available for returning Indians in respect of investment made in house property out of money brought from outside India or from balances held in NRE accounts as on date of return to India.
If a residential property is held by the seller for more than 36 months, it is considered a long-term investment or else short term. Long Term Capital Gain shall be computed by considering Indexed cost of acquisition. NRIs are entitled to claim exemption from capital gains tax if they reinvest in specified assets as per Income Tax Act.
Section 197 of the Income Tax Act, 1961 provides for deduction of tax at lower rates in certain
cases. The rate prescribed for TDS from NRI's income is the maximum rate of tax at which
relevant Income is taxable in India. However, in majority of the cases of NRI, the actual tax
liability is lower than this.
However, the higher deduction of tax so made is generally not claimed as a refund by filing Return of Income. In order to assist such situation, the Income Tax Act has provided procedure under section 197 whereby an NRI can apply to the Assessing officer (in prescribed form) to issue specific certificate authorizing the payer of income (who normally deducts tax at highest prescribed rate) to deduct tax at a lower rate or nil rate. The NRI should estimate his income, tax liability and likely TDS and then apply for partial or complete Tax Exemption Certificate. The payer shall deduct tax in accordance with the certificate of the Assessing officer.