The market price of property in India is not always in sync with its intrinsic value. The home buying experience of Rajesh Kalra, a professional in Mohali, soured at the time of possession. He had negotiated with the builder and till that point of time believed that with his negotiation skills he made a good bargain for the same. But once in the house he got to know through the neighbour next door that the other person bought at around INR 4 lakh lesser price.
Browsing: Due Diligence
Housing project is approved by the government agency; RERA; and banks & financial institutions! Shouldn’t this be enough to instil confidence of the home buyers that the housing project is safe to invest? How could otherwise a builder with poor execution capabilities or fiscal imbalance cross the three eyes of scrutiny and dodge the bullet at each and every level of checks & balances? Track2Realty questions as to who is the custodian of due diligence in the housing market?
Today, there are lots of distressed properties in the market where merger and/or takeovers are happening. While it makes sound business sense for both the builders of stressed assets as well as the one having capital to invest, the home buyers with little elbow room to negotiate are often at the receiving end of such market transactions that look promising as an outside view. Ravi Sinha explores the legal options for the home buyers.
There is no restriction on the number of properties that NRIs can own in India. However, NRIs obviously need to make informed decisions on such acquisitions. The most important consideration is that of whether the property purchase is for their own or their family’s actual use, or as an investment for rental income and potential capital appreciation.
Track2Realty approached to a number of real estate developers who are offering assured returns. Though all of them refused to speak ‘on record’ but privately they admit that their assured returns have failed due to market dynamics than intentional cheating.
Now that the Real Estate Regulation Act (RERA) brings the brokers into its ambit, the question that still stands is: What are the grey zones left which are not defined in the prescribed Act? What if the broker or builder has made the verbal promises to the buyer? What would be legal position if the marketing firm/broker misleads the buyer without the knowledge or consent of the builder?How can buyer be compensated if he has bought the property on the promise of misleading claims?
Such misleading claims prima facie give an impression that the property market in the Indian cities in general, and Delhi-NCR in particular, have peaked up on the eve of long festive season ahead. The claims nevertheless raise more questions than could answer as to how and why there has been sudden spurt in the sales velocity.
It is generally accepted in the Indian market that rental yields in the country are often much lower than elsewhere in the world because relatively few people seek rented homes: 66 per cent of homes in Indian cities and 90 per cent of homes in rural areas are owner occupied.
The risk could be arising out of Third Party challenges not discovered prior to the commencement date of the policy due to the Title of Property belonging to someone other than the Insured, Descriptions & Plans in Historic deeds of the property being inadequate, Historic transaction being subject to an act of fraud or forgery by a third party that adversely affects insured’s rights over the title of the property, Title to the Property being subject to Unknown Burdens or Discharge of Burdens which may have been imposed in historic deeds executed prior to the commencement date etc.
While there is no denying that quality social infrastructure projects like Golf Club have been the USP of India’s luxury landscape in Gurgaon, yet such projects have often fallen into the no man’s land in terms of its ownership issues and challenges to create.