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Kamshet- The Hottest Spot for Investors Seeking High Returns
Commercial real estate is among the fastest-growing markets in India. Offices, retail stores, institutions, and industrial developments primarily fall under this umbrella. Commercial property is a property owned to generate income through business activities.
While many prefer developed structures, commercial plots have also been at the center stage due to higher appreciation and relatively lower investment costs than other asset types in commercial real estate.
However, being abreast of the nuances of buying commercial land is crucial to avoid administrative and legal hassles. From paperwork to zoning laws, there are various factors to look into. Let’s look at essential tips for buying commercial land in India.
Types of commercial property
Retail - Retail Shops, Stores, Malls
Industrial- Warehouse, Manufacturing Plants , Factories
Hospitality-Tourism Agencies, Motels, Hotels
Institutional- Schools and Colleges
Office Spaces- Corporate Offices
What’s to check before buying a commercial plot in India?
Review the Location
- Location Matters: The most critical factor in buying commercial land is its location. It should be easily accessible with good infrastructure. A prime location ensures higher demand and, in turn, leads to higher profits.
- Zoning System: Indian civic authorities use a zoning system based on Euclidean geometry to classify land for commercial purposes. They divide towns into districts with specific zones for different land uses, either permitted or prohibited.
- Integrated Zoning: As available land decreases, zoning becomes more integrated. This means that the planning of various zones becomes more coordinated to optimize land usage efficiently.
- Clearly Demarcated Commercial Zone: When buying commercial land, ensure it falls within a clearly marked commercial zone. This guarantees that the area is suitable for commercial activities and compliant with local regulations.
- Avoid Uncontrolled Development: Avoid land with uncontrolled development like unauthorized boundaries, fences, or incompatible structures within the permitted area. These issues may lead to legal and operational challenges later on.
- Types of Commercial Activities: Commercial land can be used for various purposes, including warehouses, offices, restaurants, shops, and industries. The proximity of one commercial zone to another depends on the type of activity and vehicular traffic.
Taxes and Returns
- Taxation of Rental Income: Rent received from any property, including commercial property, is taxed under the head 'income from house property' in India.
- Actual Rent or Reasonable Rent: The taxation is based on either the actual rent received from the property or the rent that can reasonably be expected from it, whichever is higher.
- Standard Deduction: A standard deduction of 30 percent is allowed on the rent received. This means you can deduct 30 percent of the rental income as an expense before calculating the taxable income.
- Deductions for Building Repairs and Renovations: You can claim deductions on the amount invested in building repairs and renovations for the commercial property.
- Interest on Loan: Under Section 24 of the Income Tax Act, you can claim the interest paid on the loan taken for the commercial property as a deduction. This includes processing fees and prepayment charges paid to the financial institution.
- Availability of Standard Deduction: The standard deduction of 30 percent is available even if the actual expenses on the property are higher or lower than that percentage. It simplifies the deduction process.
Check Documents
- Ownership Details: Review the property's registration papers to ascertain the number of owners. Knowing the ownership structure is essential to ensure a smooth and legitimate transaction.
- Seller's Right to Sell: Verify if the seller has the legal right to trade the commercial property. Confirm that they have the authority to sell the asset and that there are no disputes or legal issues surrounding the ownership.
- Existing Loans or Pledges: Check for existing loans or pledges against the land parcel. Knowing if the property has been used as collateral for any debts or financial commitments is crucial.
- Clearance of Outstanding Dues: If the land has been mortgaged in the past, ensure there are no outstanding dues related to the mortgage. The seller should clear any pending payments before the deal is finalized.
- Title Search: Conduct a thorough title search to verify the property's history and ensure no legal encumbrances, liens, or claims could affect your ownership rights.
- Encumbrance Certificate: Obtain an encumbrance certificate from the registrar's office to verify if there are any legal claims or liabilities on the property.
- Approved Land Usage: Ensure the land is categorized as a commercial plot in the official records and falls within the designated commercial zone.
- Pending Litigations: Check for any ongoing legal disputes or litigations related to the property. Purchasing a plot involved in legal battles can lead to future complications.
- Land Boundary and Area: Verify that the boundaries and area mentioned in the registry papers match the actual physical boundaries of the land.
- Property Tax Records: Review the property tax records to ensure the seller has paid the appropriate taxes for the commercial plot.
In the state of Maharashtra, India, there exists a crucial law that aims to prevent the fragmentation of land into very small plots. This law restricts the sale or purchase of land measuring just 1 or 2 Gunthas (a unit of measurement used in India), unless prior permission is obtained from the collector or the competent authority. However, with the proper authorization, such transactions can be registered and made legally valid.
Understanding the Prevention of Fragmentation and Consolidation of Holding Act 1947
The core legislation governing land fragmentation in Maharashtra is known as the "Prevention of Fragmentation and Consolidation of Holding Act 1947." Under this act, each district in the state is assigned a standard minimum area of land, and the sale or purchase of land parcels smaller than this standard is strictly prohibited under Section VIII.
The Introduction of Section VIII-B
In 2016, the state government made an important addition to the Prevention of Fragmentation and Consolidation of Holding Act 1947. This addition came in Section VIII-B, which was introduced through a gazette notification. Section VIII-B clarified that the act does not apply to land designated for non-agricultural purposes, such as industrial or commercial use, within the boundaries of Municipal Corporations or Municipal Councils, or under the Maharashtra Regional Planning and Town Planning Act 1966.
Urban Areas and the Sub Registrar's Role
The law against land fragmentation was occasionally ignored in urban areas and areas of influence. Consequently, the Sub registrar, who handles property registrations, rejected transactions involving very small land plots that violated the act. This reinforced the importance of obtaining the necessary permissions for such transactions to be deemed valid.
Revenue Department's Role in Informing Registration and Stamp Duty Department
To ensure compliance with the law, the Revenue department informs the Registration and Stamp Duty Department about transactions involving land that falls under the scope of Section VIII-B. This exchange of information ensures that proper documentation and permissions are obtained for such transactions.
Transactions with Already Purchased Small Land Plots
If an individual desires to sell a piece of land they already own, and that land is smaller than the standard area defined by the act, they must seek permission from the competent authority or the Collector under Section VIII-B of the Act. This provision ensures that even previously acquired small land plots are subject to regulation to prevent fragmentation.
Demarcated Land and the Role of the Land Records Department
In cases where the Land Records Department has officially demarcated a piece of land with a separate boundary map, permission for its sale is not required. However, if the land was formed independently without the demarcation, dividing it will necessitate the approval of the Collector or the Competent Authority, as per a circular from the Inspector General of Registration.
FAQs
Can I sell a small piece of land without permission?
No, the Prevention of Fragmentation and Consolidation of Holding Act 1947 in Maharashtra prohibits the sale of land smaller than the standard area fixed for each district without prior permission from the collector or the competent authority.
Is the law applicable to non-agricultural land?
No, Section VIII-B of the Act states that the law does not apply to land designated for non-agricultural use, such as industrial or commercial purposes, within the boundaries of Municipal Corporations or Municipal Councils.
What happens if I buy a small plot of land?
If you purchase a plot of land that is smaller than the standard area fixed under the Act, you will need permission from the competent authority or the Collector under Section VIII-B of the Act if you wish to sell it in the future.
What is the role of the Sub registrar?
The Sub registrar is responsible for handling property registrations. In urban areas, the Sub registrar ensures that land transactions comply with the law against land fragmentation.
Do I need permission for already purchased small land plots?
Yes, even if you already own a piece of land that is smaller than the standard area, you must obtain permission from the competent authority or the Collector if you wish to sell it in the future.
Are there exceptions to obtaining permission?
Yes, if the Land Records Department has officially demarcated a piece of land with a separate boundary map, permission for its sale is not required.
Section 25 of Property Registration In Maharashtra
If you're buying or selling property in Maharashtra, it's important to know about property registration. The Maharashtra Registration Act governs this process. Here's a simple explanation for those who may not speak English fluently.
Property Registration Timeframe and Penalty:
When you buy a property, you must register the related documents within four months of the property purchase. If you miss this deadline, you might have to pay a fine equal to ten times the registration fee.
Benefits of Property Registration:
- Ensures Authenticity
- Prevents Fraud
- Public Record
- Keeps Records Up-to-Date
- Avoids Double Sales
- Secures Documents
Who Can Register Property:
The Registration Act states that the person involved in the property transaction, their representative, or an authorized agent can present the documents for registration.
Required Documents for Property Registration:
When registering property in Maharashtra, you need to submit the following documents:
- Aadhar card: This is an identification card.
- Passport-Size Photos: Photos of both the seller and buyer.
- Old Sale Deed Copy: A verified copy of the original sale deed.
- No Objection Certificate (NOC): This is needed under the land ceiling Act.
- Property Register Card Copy: The latest property register card.
- Municipal Tax Bill Copy: Proof of tax payments.
- Construction Completion Certificate: If applicable, a certificate showing that construction is completed.
- Builder-Buyer Agreement: The original agreement between the builder and the first buyer of the property.
Understanding property registration is essential to protect your rights when buying or selling property in Maharashtra.
In Maharashtra, there are two main types of land: Occupancy land and Lease land. These are categories that help define how people use and own the land.
- Occupancy Land: This type of land is a bit complex, but in most cases, the people with this land are considered the owners. It's like they own the land. Occupancy land has two categories: Class 1 and Class 2.
- Class 1: This is like a higher category of occupancy land. People with Class 1 land have more rights and benefits related to the land they use.
- Class 2: This is a slightly lower category of occupancy land. People with Class 2 land also have ownership-like rights, but there might be some differences compared to Class 1.
- 2. Lease Land: Lease land is land given to people on a lease basis. This means they have permission to use the land for a specific time, but they don't own it like the way people own houses. It's more like borrowing the land for a while.
Bhulekh Mahabhumi Address
Bhulekh Mahabhumi
https://bhulekh.mahabhumi.gov.in/
020-26050006
How to check Bhulekh Mahabhumi Land Records?
You can now access information related to land records in Maharashtra by visiting the Bhulekh Mahabhumi website without having to visit the office of the Tehsildar of the respective district. Steps to follow for Land Records details
- Visit the official website of Bhulekh Mahabhumi
- 6 Locations are given. Aurangabad, Pune, Nashik, Nagpur , Konkan and Amravati
- Select 7/12 or 8A
- In 7/12, select the district, taluka, and village for the land records required
- Search by alphabetical survey number/group number. You can also search by survey number or the name in the records.
- Enter Mobile Number
- Click the See 7/12' tab and type the captcha code.
- You will get the required information on the web page.
Bhulekh Mahabhumi's Services
- Type of land (agricultural/non-agricultural)
- Survey number of land
- Land ownership
- Area of land
- Name of cultivator (in the case of agricultural land)
- Type of cultivation
- Encumbrances and encroachments
- Litigation in land title
The Maharashtra government made an online system to help with land use and construction permissions. But if someone wants to use farmland for other things, they usually need to ask the Collector for permission unless they're doing big industrial or housing projects in certain areas.
But there are some rules in a law called The Maharashtra Land Revenue Code, 1966 (Code). According to these rules, if someone wants to use land meant for farming, but they want to use it for something else, they need to ask a person called the Collector for permission. This is also true if they want to change how they use land that's not meant for farming.
There are some special cases, though. If someone wants to use farming land for real factories or big housing projects, they may only need permission from the Collector. For example, if the farming land is in an area where the government has already made plans for factories or houses, or if it's in an area where no plans exist but they want to make a factory, they might not need special permission.
FAQ
Q1: What is the Building Plan Management System (BPMS) created by the Government of Maharashtra?
A1: The Building Plan Management System (BPMS) is an online system developed by the Government of Maharashtra to facilitate obtaining certificates for land use other than farming and permissions for construction projects.
Q2: What is the role of The Maharashtra Land Revenue Code, 1966 (Code) in land use and construction?
A2: The Maharashtra Land Revenue Code, 1966 (Code) lays out regulations for land use. It mandates that if someone intends to repurpose farmland or change non-agricultural land use, they generally require permission from the Collector.
Q3: Are there exceptions to seeking permission from the Collector for changing land use? A3: Yes, there are exceptions. In cases where farmland is being utilized for significant industrial or housing projects, permission from the Collector might not be necessary if the government has existing plans for such development in the area.
Q4: What scenarios might not require special permission from the Collector for land use changes?
A4: Land use changes involving farmland for substantial industrial or housing projects might not require special permission from the Collector if there are pre-existing government development plans or if the intention is to set up a factory in an area with no existing plans.
R-Zone or No Zone Making Informed Decisions for Residential Plot Investments
R-zone refers to residential plots designated for construction in both urban and rural areas. In Maharashtra, authorities like CIDCM and MMRDA can determine R-zone plots. This article will explore the different R-zone categories and associated risks and address common queries.
R-zones are classified into two main categories:
Purely residential (R1 zone): These plots are exclusively meant for residential purposes. They are located within 12m of the nearest road in open areas, and if the area is congested, the distance can be 9m or even less. Building residential structures on R1 plots does not necessitate regulatory authority permission.
R2 zone: The R2 zone comprises residential areas situated at a minimum distance of 12m or more from the nearest road. The R2 zone allows for various types of residential development, including the construction of institutional, commercial, and medical facilities within the designated area.
Investing in R-zone properties carries risks similar to any other property. These risks arise when the title deed is not appropriate. Researching and understanding how to evaluate R-zone plots and their locations is crucial before making an investment decision. However, the risk is minimal if all ownership documents are up to date and without discrepancies.
Likewise, when purchasing an R-zone plot, ensure that the encumbrance certificate (EC) indicates no issues, discrepancies, complaints, or disputes. Investing in land with clear ownership and devoid of doubts is advisable, after considering the ready reckoner rate of the location.
Can R-zone properties be converted into Non-Agricultural (NA) properties?
According to recent amendments by regulatory bodies in Maharashtra, such conversions are allowed. However, for a smooth transaction from R-zone to NA plot, it is essential to have a clear and marketable property title.
Moreover, confirming that the ownership rights solely belong to the owner or seller is crucial. Consulting a lawyer to verify the deed is necessary. Before signing any agreement, carefully examine the encumbrance certificate (EC) issued by the local sub-registrar's office. The EC must be from the relevant land registration authority.
Once the EC confirms no pending payments, complaints, or disputes, you can convert the R-zone property into an NA plot and proceed with your plans.
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