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.
Browsing: Due Diligence
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.
Nearly all the developers in the Indian real estate are chasing the Non-Resident Indians (NRIs) but very few have succeeded in attracting the investment of expat Indians. Reason: They have tried to hard sell the properties without actually understanding what these fellow Indians living abroad want.
The Google search of Ratan Pandit, a prospective homebuyer, for Noida Extension market completely confused him. With various conflicting reports where one of the property consultancy firms endorsing the market as future investment magnet and the other one advising to stay away due to over-supply in this market, this homebuyer could not reach to any conclusion. Even various property listing sites were of not much use in terms of the understanding of the given market.