Property Dictionary

Promoter

According to the RERA Act 2016, any person or entity that constructs or converts a building into apartments, develops land for sale, sells residential apartments or plots shall be considered the promoter of a project. If more than one entity or individual is responsible for development, both shall be held jointly liable to fulfil the functions and responsibilities as specified under the Act and the rules and regulations made thereunder.

Allottee

According to Section 2 (d) of the RERA Act 2016, an "allottee" refers to an individual to whom a plot of land, apartment or building has been sold, allotted or transferred by a promoter. It includes anybody that may subsequently acquire the said allotment through a sale but does not include those renting the property.

RERA registration number

A RERA registration number is a number provided by the RERA authorities to a project upon successful registration with the body. One project may have multiple RERA registration numbers. This number can be used to view the progress of the project on the corresponding RERA website.

RERA Carpet Area

The carpet area of a flat refers to the actual useable space within a property. It represents the area on which one can place a carpet. The Real Estate (Regulation and Development Act, 2016) describes carpet area as the net useable floor area of an apartment, excluding the area covered by external walls, areas under service shafts, exclusive balcony or verandah area and open terrace area, but includes the area covered by the internal partition walls of the apartment.

Resident Welfare Association (RWAs)

A Resident Welfare Association (RWAs) is a non-government entity responsible for overseeing the upkeep and interest of a residential society in a colony or city. RWAs also organise events, collect monthly maintenance from members and safeguard the interest and rights of its members. The Societies Registration Act 1860 governs RWAs in India.

Co-operative Housing Society

A co-operative housing society is a legal entity that can own one or more residential buildings. Membership is granted by way of a share purchase and share-holders are given the legal right to occupy a housing unit within the society.

Foreclosure

Foreclosure is a legal process that allows lenders to recover the amount owed on a defaulted loan by taking ownership of and selling the mortgaged property.

Eviction

Eviction is the civil process wherein a landlord legally removes a tenant from their rental property. This usually occurs when the terms of the rental agreement have been breached or in other situations as permitted by law.

Easement

An easement refers to a party's right to use or improve portions of another party's property, or to prevent the owner from using or improving the property in certain ways. The first type is referred to as affirmative easement, e.g. A utility company may have the right to run a gas line through a person's property or pedestrians may have the right to use a footpath that passes through that property. A negative easement restricts the title-holder from doing something, e.g. An owner may not be allowed to build a structure in his garden that would block his neighbour's light.

Restrictive Covenant

A restrictive covenant is an agreement that a seller writes into a buyer's deed of property that restricts how the buyer may use that property. For example, the seller may want the buyer to leave a building's original facade intact. As long as they don't break the law, restrictive covenants can be as specific and arbitrary as the parties are willing to agree to.

Registration Charges

The registration fee is calculated at the rate of 1% of the agreement value of the property with a maximum cap of Rs. 30,000/-.

Sale of an Immovable Property

A sale is a complete out-and-out transfer of ownership of a property (with all its rights and liabilities) from one person (or more) to another (or more) in exchange for a consideration, i.e. money. As per Section (17) of the Registration Act 1908 registration of a sale is mandatory when the value of the immoveable property exceeds INR 100/-. If a property is transferred for something other than money, the transaction is referred to as an exchange and not a sale.

Contract of Sale / Sale Agreement

A contract of sale or an agreement to sell is a document prepared by both parties which entails the mutually agreed upon terms by which the sale will take place. As per the Transfer of Property Act 1882, a contract of sale or an agreement to sell in itself does not created any interest in or charge on the property mentioned in the contract. Therefore, an actual sale and an agreement to sell are two distinct concepts.

Transfer of Properties Act 1882

The Transfer of Property Act 1882 is an Indian legislation which regulates the transfer of property in India. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it.

Immoveable Property

An asset that cannot move from one place to the other is considered to be an immovable property. In India, real estate is considered to be an immovable property.

Central Business District

Central Business District (CBD) is a commonly used term in commercial real estate to describe an area in the city that contains a high density of commercial, retail and business establishments, as well as government offices. CBDs usually coincide with the city centre and tend to be the central hub for the city's transportation networks. Nowadays, CBDs have also begun to include entertainment hubs, restaurants, hotels, medical care and residential complexes.

Logistics Park

A logistics park is an industrial area specifically designed for storage, management, distribution and transportation of various goods. These parks are designed to be well connected to major roads and railway stations thereby reducing the cost of goods transport. They are also equipped to host facilities to execute all logistics tasks at significantly lower costs.

Multi-Modal Logistics Park

Multi-Modal Logistics Park (MMLP) refers to a freight-handling facility encompassing a minimum area of 100 acres (40.5 hectares), with various modes of transport access. It comprises mechanized warehouses, specialized storage solutions such as cold storage, facilities for mechanized material handling and inter-modal transfer container terminals, and bulk and break-bulk cargo terminals. It is a type of Logistics Park where various value-added services are rendered in addition to rail/road-based transportation. The purpose of MMLP is to reduce coordination among different parties during transfer of cargo from one mode to another.

Data Centre

A data centre is a physical room, building or facility that houses IT infrastructure for building, running, and delivering applications and services, and for storing and managing the data associated with those applications and services. Data centres have evolved in recent years from privately-owned, tightly-controlled on-premises facilities housing traditional IT infrastructure for the exclusive use of one company, to remote facilities or networks of facilities owned by cloud service providers housing virtualized IT infrastructure for the shared use of multiple companies and customers.

Global Capability Centres (GCCs)

Global Capability Centres (GCCs), also known as global in-house centres or captives (GICs), are offshore centres established by firms to provide various services to their parent organisations. These centres operate as internal organisations within the global corporate structure, providing specialised capabilities such as IT services, research and development, customer support, and other business tasks. GCCs and GICs are critical in leveraging cost efficiencies, accessing talent pools, and encouraging collaboration between parent businesses and their offshore affiliates.

Adjustable-Rate Mortgage

An adjustable-rate mortgage (ARM) refers to a home loan with a variable interest rate. With such loans, an initial interest rate is fixed for a stipulated period of time, after which the interest rate applicable on the outstanding balance varies. The rate is reset periodically, at yearly or even monthly intervals and is based on a benchmark or index, plus an additional spread called an ARM margin. ARMs are also called variable-rate mortgages or floating mortgages. ARMs generally have caps that limit how much the interest rate and/or payments can rise per year or over the lifetime of the loan.

Fixed-Rate Mortgage

Fixed-rate mortgage refers to a home loan that has a fixed interest rate for the entire term of the loan. Once locked in, the interest rate does not fluctuate with market conditions. Borrowers who want predictability and/or who tend to hold property for the long term tend to prefer fixed-rate mortgages. Fixed-rate mortgages may be open or closed with specific terms or may run for a length of time agreed upon by the lender and borrower.

PLC/ Floor Rise

Preferential location charge is a premium charged for superior features in a flat. These features can include but are not limited to sea views, park views, higher floors, corner flats, terrace access flats, etc. PLC charges can be calculated on a square foot basis or a slab rate.

Construction Linked Payment Plans

A Construction-linked Plan (CLP) is a flexible payment method for under construction flats. The buyer initially pays a predetermined down payment, after which all subsequent pre-determined payments are made in instalments that are linked to the progress of construction.

Expression of Interest (EOI) Cheque

An Expression of Interest (EOI) cheque, also known as an Earnest Money Deposit or Good Faith Deposit, is a sum of money a buyer pays a seller to express a genuine interest and commitment towards purchasing a particular property. It is usually made after both parties are in agreement on the general terms of sale but before any formal signing of an agreement takes place.

Capital Gains

Capital assets are significant pieces of property such as homes, cars, investment properties, stocks, bonds, and even collectibles or art. Any profit arising from the sale of a 'capital asset' is referred to as a capital gain. This gain or profit is considered as 'income' and therefore applicable to be taxed. Capital gains tax can be short-term or long term and must be paid within the same year as the transfer of asset. In India, assets received as gifts or by way of a will or inheritance is exempt from taxation. However, if the individual inheriting the asset choses to sell it, capital gain tax will be applicable.

Fair Market Value

Fair Market Value or FMV refers to the price set for selling or purchasing an asset in the open market. Financial institutions like NBFCs and Government organisations use Fair Market Value while assessing the valuation of collateralized or taxed assets.

Appreciation

Appreciation refers to an increase in the value of an asset over time, such as a stock, bond, currency, or real estate. For example, the term capital appreciation refers to an increase in the value of a property which can occur for several reasons including increasing demand or weakening supply, or as a result of changes in inflation or interest rates. Appreciation is the opposite of depreciation, which refers to a decrease in value of an asset over time.

Ready Reckoner Rate

Ready reckoner rate, also known as circle rate, is the minimum selling price of a property, set by the State Government. It is the minimum value of an asset, at which it must be registered at the time of its transfer. It is used for the calculation of stamp duty, property tax and various other registration fees. The Ready Reckoner rate is updated periodically by the State Government to reflect the current market conditions. Individuals selling or buying properties at a rate less than the prevailing ready reckoner rate can be penalised by authorities.

TDR Certificate / Development Rights Certificate

TDR certificate/ Development Rights Certificate (DRC) is a certificate issued by the competent authority to an owner or a lessee of the land on surrender of the gross 'area' of the land which is required for public purpose. Such 'area' of land must be free of cost and free from all encumbrances. The certificate comprises of the details such as FSI/FAR credit in square meters of the built-up area to which the owner or lessee is entitled, the place from where it is generated and the rate of that plot as prescribed in the Annual Statement of Rates issued by the Registration Department or other concerned department for the concerned year.

Transfer of Development Rights

TDR is a technique of land development, which separates the development potential of a piece of land from the land and allows the development rights to be used elsewhere in the city as permissible by the state law. Under this method, the owner of the land can sell the development rights of his land to another entity or individual. The receiving plot can use this TDR over and above the usual FSI available to it in accordance with the prevailing laws and regulations. This is generally used for redevelopment of inner-city zones and re?development projects.

FSI: Base, Chargeable & Maximum Permissible

Base FSI is the basic FSI permitted by the competent authority as a matter of right without any cost. Chargeable/Premium FSI is the FSI available by additional payment to the competent authority as per the applicable rules. Maximum permissible FSI is the FSI that includes the base and chargeable FSI.