NRI Guide

Yes,

  • A non-resident Indian can buy either a residential property or a commercial property in India. Further, there is no limit on the number of residential or commercial properties that an NRI can purchase in India.
  • Persons of Indian Origin and holding an Indian Passport are entitled to buy any property in India.
  • People holding overseas passports, such as British or American, need to apply for a PIO Card (Person of Indian Origin) at the Indian Embassy or consulate in their country of residence, before purchasing property in India.

No. RBI permission is not required to buy residential or commercial property.

  • It will be wise to get verified the legal papers of a seller by a lawyer before going ahead. 
  • Make sure to check the title papers of the property, especially if it is inherited or jointly held, and take a bank release in case it was at any point of time under mortgage.
  • Also take a no dues certificate from the seller at the time of purchase to ensure.
  • For new constructions, land title should be clear and the builder should have taken all approvals and permits from the civic authorities in terms of construction.
  • Education and profession play a role in deciding your loan eligibility. Like, only Graduate NRI can avail home loan benefit in India.
  • 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 you rent it out or not, will be deemed to be given on rent. If you have not given the second property on rent, you will have to calculate deemed rental income on the second property (based on certain valuations prescribed by the income tax rules) and pay the tax thereof.
  • According to RBI norms, a maximum of 80% of the value of property can be funded by a financial institution. Rest has to come from the NRI’s personal resources. Indian financial institutions give rupee loans and so the same needs to be repaid in rupees only. “Another option NRIs can use is to get funding overseas where interest rates are lower.
  • NRI can pay the EMIs in any one of the following ways:
  • By remitting the money from your foreign bank account through regular banking channels
  • By issuing postdated cheques or Electronic Clearance Service (ECS) from your NRE, NRO or FCNRAccount
  • Out of the rental income that this property earns
  • Cheques issued from your local relative’s bank account
  • Yes, in fact experts recommend that you give a POA to a person resident in India so that he or she may complete formalities such as registration, possession, execution of agreement of sale etc.
  • A POA can be given to execute all contracts, deeds, mortgages, lease, sell and all matters relating to managing the property. However, at any given time, it would be better to give a specific power of attorney to any person, restricted only to a single action such as only purchase or only for lease.
  • The power of attorney should be executed on a stamp paper or as per the requirement of the country where the POA is executed. You must then get the POA attested by any authorized official of the Indian Embassy/Consulate/Trade commissioner in that country.
  • Loan application form duly filled and signed
  • Two photographs of both the applicant and the co-applicant with signature on front and back
  • Copy of passport – Along with latest visa stamp and date of entry stamp
  • Proof of residence in India – Electricity bill, Telephone bill, Ration card, Driving License etc
  • Copy of credit card – Last six months bank statements of all the NRE / NRO account in India
  • Last six months bank statements of bank account held abroad where salary is credited – Copy of Contract / Employment Certificate Copy of Annual Salary Certificate specifying the mode of payment (If payment is fully or partly received in cash) Salary Slips for the immediately past 6 months.
  • Documents relating to income/ salary need to be attested as true by the employer
  • Copies of Sanction Letter of Loans availed in India and abroad
  • Self-Declaration of Residential Status
  • All documents in foreign language to be translated in English.
Home Loan Guide

It is common knowledge that taking a home loan is the only way a person in his 30’s or early 40’s can afford his family a home.

When you take a home loan, you commit to paying almost EMI (Equated Monthly Installments) of as much as up to 60-65% of your monthly income for a period that can be as long as 30 years. So, you take a large and long term obligation. Hence, it is important that you make the right decision that doesn’t hurt you in future. This guide is targeted at helping you understand home loans better in simple language and draws upon the long experience of the My Loan Care team in helping people with their loan requirements.

Common mistake most people make is to opt for the longest loan tenure in order to maximize loan amount eligibility and minimize EMI. Before you join the millions of bank loan customers in India in committing this mistake, just understand what it costs. On a Rs. 40 lakhs loan at 9.50%for 15 years, the EMI is Rs. 41769/- and the total interest you pay to the bank over 15 years comes to Rs. 3518418/-. If you opt for 20 year loan tenure instead of 15, for the same loan amount and at same interest rate, the EMI is 11% lower at Rs. 37285/- but over 20 years, you pay Rs. 4948460/- as interest, which is 41% higher than on a 15 year loan.

So, unless you really like banks to make lots of money from you, answer the following questions to strike the right balance:

How much EMI you can comfortably pay every month – this should not exceed 60-65% of your net post tax pay.

Calculate your loan eligibility for various loan tenures based on this EMI and your age. Opt for the shortest loan tenure that meets your loan requirement. In addition to your salary, also inform the bank about your other fixed income such as rent and interest to increase eligibility. In case the loan amount you need is more than the maximum loan eligibility, you may add upto 3 of your earning family member as co-applicants to increase the eligibility.

Note that the loan amount cannot exceed 75 – 80% of the cost or market value of the home you are buying. So, make arrangement for the balance amount (also called margin money).

Note that banks may not always approve all towers, all blocks and all floors in a project at the same time. So, it’s important that you check the approval status for the specific flat that you are buying.

The payment plan scheme under which the project has been approved – builders sell projects under time linked plans (TLP), construction linked plans (CLP), subvention schemes (80:20, 10:80:10, 10:10:80, 6:88:6 and others).

Most banks fund projects only under CLP. Some housing finance companies fund projects under TLP and subvention schemes. Typically a very large number or builder projects are approved under CLP but the approval list for TLP and subvention schemes is much shorter.

Total cost of the flat may include various heads like basis price, PLC, parking, EDC, IDC, electrification charges, club membership fees, security deposit, maintenance charges, stamp duty, registration charges, service tax and VAT.

Typically, banks will fund upto 75 to 80% of the eligible cost, which will not include the items mentioned in orange above. Some banks may fund service tax and VAT partially.

In case the builder is offering possession, will the conveyance deed be simultaneously registered or not? Sometimes, there may be a gap of 6 months to a year (or even longer) between possession and execution of conveyance deed. Some banks may not fund projects during this intervening period even if they are on approved projects list.

Ensure that all payments to the builder are made by cheque from your own account only.

In the current market scenario, we recommend floating rate loans over fixed rate ones. This is mainly because we expect rates to trend down over coming months. Secondly, floating rate loans come with nil prepayment charges unlike fixed rate loans.

Fixed rate loans may be advisable in a situation where you feel that your monthly cash flows (after paying off EMIs and other expenses) cannot take any additional burden/ unpredictable increases on account of interest rate rise.

Fixed Rate loans, however come with a higher rate of interest than floating rate loans and typically carry a pre-payment penalty charge.

Another catch with fixed rate loans is “How fixed is the so-called fixed rate?” A fixed rate is seldom fully fixed. Most banks offer fixed rate for the initial period and convert this into floating rate thereafter. Fixed rate period may vary from 1 year to 10 years though the total loan tenure may be upto 30 years. Always check what will be the applicable rate after the fixed rate period ends. Many customers have often complained that they see a sharp increase in interest rate when the loan converts from fixed rate to floating rate. This is particularly true for fixed rate loans from LIC Housing Finance.

While home loans are sanctioned for tenure of upto 30 years, rarely do people actually run the loan for that long. Each one of us wants to pay off the loan at the earliest and own our home fully.

It is observed that the average period people take to pay off their home mortgage fully is around 8 years. This happens because most people make partial or even full prepayment of the loan when they have surplus money.

After all, it may not be a bad idea to use your annual incentive to pay off your home loan partially.

It is important to select a bank that allows you to prepay your loan without any charges or hassles. As per RBI circulars, banks are not allowed to charge prepayment penalty or charges on floating rate home loans. However, banks may charge penalty on prepayment of fixed rate loans.

Charges may vary from 1 % to upto 3% of the loan amount. So, check this aspect carefully before selecting a bank and home loan.

Another option is a smart loan or an interest saver loan. Do you normally keep a significant bank balance or do you run high bank balance at times? You may like to consider Home Credit or Home Saver or Maxgain options which allow you to deposit your surplus savings in a bank account and pay interest on home loan only on the net difference between the two. So, for the period that your surplus cash stays in the bank, you pay less interest on your home loan.

Your choice of banks should be based not only on the rate of interest but also some other very important factors, which we have described here:

Turnaround time and customer service levels: Read the customer ratings and reviews of banks by customers like you who have availed loans in the recent past? Their experience may help you make a better choice and avoid common mistakes. Check which banks will offer you doorstep service and for which ones would you need to visit the bank branch.

Check the past base rate trend of the banks you are considering. This can tell you if the banks changes rates too often. Check if the bank passes on the benefit of lower policy rates to its old customers or not. Click here for current base rates of banks in India.

Compare offers and choose the one that’s best and not necessarily the cheapest – By now you have a good sense of your loan requirements and can compare loan offers from multiple banks. Compare offers on interest rates, processing fees, customer ratings, servicing and all-in-cost.

Tax Benefit Information

Budget 2016 Update: Additional Deduction of Rs. 50,000 under Section 80EE has been allowed to first time home buyers.

A very important criterion to be kept in mind while taking a Home Loan is the Tax Benefit on Home Loan. To explain the Tax Benefit on Home Loan, we would be dividing the Repayment of Home Loan into 2 components:-

  1. Repayment of the Principal Amount
  2. Repayment of the Interest on Home Loan

As the repayment comprises of 2 different components, the tax benefit on home loan is governed by different sections of the Income Tax Act and these are claimed as tax deductions under different sections while filing the Income Tax Return.

The Sections under which Tax Benefit on Home Loan can be claimed are explained below:-

Benefit on Home Loan (Principal Amount): The amount paid as Repayment of Principal Amount of Home Loan by an Individual/HUF is allowed as tax deduction under Section 80C of the Income Tax Act. The maximum tax deduction allowed under Section 80C is Rs. 1,50,000. (Increased from 1 Lakh to Rs. 1.5 Lakh in budget 2014).

This tax deduction is the total of the deduction allowed under Section 80C and includes amount invested in PPF AccountTax Saving Fixed DepositsEquity Oriented Mutual fundsNational Savings Certificate, Senior Citizens Saving Scheme etc.

This tax deduction under Section 80C is available on payment basis irrespective of the year for which the payment has been made. The Amount paid as Stamp Duty & Registration Fee is also allowed as tax deduction under Section 80C even if the Assesse has not taken Loan.

However, tax benefit of home loan under this section for repayment of principal part of the home loan is allowed only after the construction is complete and the completion certificate has been awarded. No deduction would be allowed under this section for repayment of principal for those years during which the property was under construction.

Moreover, in case you are planning to buy an under-construction property as it is priced at a lower price as compared to a fully completed property, you are here also requested to note that Service Tax is also levied on Under Construction Property & the Finance Minister while announcing the Budget 2013 also changed the rates of Service Tax on under Construction Property. However, no Service Tax is levied on properties on which construction has been fully completed.

However, Section 80C(5) also states that in case the assesses transfers the house property on which he has claimed tax deduction under Section 80C before the expiry of 5 years from the end of the Financial Year in which the possession has been obtained by him, then no deduction and tax benefit on Home Loan shall be allowed under Section 80C. The aggregate amount of tax deduction already claimed in respect of previous years shall be deemed to be the Income of the Assesse of such year in which the property has been sold and the Assesse shall be liable to pay tax on such income.

Section 24: Income Tax Benefit on Interest on Home Loan

Tax Benefit on Home Loan for payment of Interest is allowed as a deduction under Section 24 of the Income Tax Act. As per Section 24, the Income from House Property shall be reduced by the amount of Interest paid on Home Loan where the loan has been taken for the purpose of Purchase/ Construction/ Repair/ Renewal/ Reconstruction of a Residential House Property.

The maximum tax deduction allowed under Section 24 of a self-occupied property is subject to a maximum limit of Rs. 2 Lakhs (increased in Budget 2014 from 1.5 Lakhs to Rs. 2 Lakhs).

In case the property for which the Home Loan has been taken is not self-occupied, no maximum limit has been prescribed in this case and the taxpayer can take tax deduction of the whole interest amount under Section 24.

Please Note: In case a property has not been self-occupied by the owner by reason of the fact owing to his employment, business or profession carried on at any other place, he has to reside at that other place not belonging to him, then the amount of tax deduction allowed under Section 24 shall be Rs. 2 Lakhs only.

It is also important to note that this tax deduction of Interest on Home Loan under Section 24 is deductible on payable basis, i.e. on accrual basis. Hence, deduction under Section 24 should be claimed on yearly basis even if no payment has been made during the year as compared to Section 80C which allows for deduction only on payment basis.

Section 80EE: Income Tax Benefit on Interest on Home Loan (First Time Buyers)

Finance Minister while announcing the Budget 2016 re-introduced Section 80EE which provides for additional Deduction of Rs. 50,000 for Interest on Home Loan. This incentive would be over and above the tax deduction of Rs. 2,00,000 under Section 24 and Rs. 1,50,000 under Section 80C.

This Deduction of Section 80EE would be applicable only in the following cases:-
This deduction would be allowed only if the value of the property purchased is less than Rs. 50 Lakhs and the value of loan taken is less than Rs. 35 Lakhs.

  1. The loan should be sanctioned between 1st April 2016 and 31st March 2017.
  2. The benefit of this deduction would be available till the time the repayment of the loan continues.
  3. This Deduction would be available from Financial Year 2016-17 onwards.

The above 3 Sections relating to Tax Benefits on Home Loans have been summarized as under:-

Particulars Quantum of Deduction (Rs.)
Self Occupied Property Non-Self Occupied Property
Section 24 2,00,000 No Limit
Section 80C 1,50,000 1,50,000
Section 80EE 50,000 50,000

Please Note:-

  1. The above tax deductions are per person and not per Property. So in case you’ve purchased a property jointly and have taken a joint home loan, each person repaying the amount would be eligible to claim whole deduction separately.
  2. If you are living in a rented premise and are taking Tax Benefit of HRA Allowance, even then you can claim Tax benefit on home loanunder Section 24, Section 80EE & Section 80C.

For claiming the above tax deductions, you would be required to furnish the statement provided by the lender clearly indicating the amount payable and paid towards Interest and Principal. After claiming the above deductions of Tax Benefit on Home Loan, the balance Income of an Individual would be taxed as per the Income Tax Slab Rates.

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