Real estate basics: What is a freehold property?

What exactly does ‘freehold’ mean and what are the implications of shopping for a freehold property? We explain

Freehold property is one, where the owner/society/residents’ welfare association owns the building and therefore the land that it stands for outright, in perpetuity. Freehold land is usually bought through an auction or lottery. The completed project, thus, will include the value of the land incorporated within the final cost of the units.

A freehold property, hence, is any real estate that is legally ‘free from hold’ of any entity other than the owner. The owner of such property has the right to use it for any purpose, in accordance with the regulations of where it is located. The sale of a freehold property requires significantly lesser paperwork, because it isn’t necessary to request authorization from the state. However, this also means that a freehold property is more expensive to purchase than a leasehold property.

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What is freehold land title?

Freehold land title refers to a property title by which the owner of the land owns it for perpetuity (free from hold). In other words, freehold land title, ownership has no limit in time for the landowner and its beneficiaries.

Can the government take back freehold land?

Under the Land Acquisition Law, the govt has the proper to accumulate all kinds of personal land for the aim of industrialization, development of infrastructure facilities, or urbanization of the private land, after compensating the affected landowners suitably.

Rights of the owners of freehold properties

There are not any restrictions on the proper of an owner of freehold property to transfer it further and it are often inherited. There is no encumbrance to absolutely the title of the property and it are often transferred, by registration of a purchase deed. When you purchase a freehold property, you furthermore may own the land it had been built on, alongside the house itself. If the property is an apartment, the homeowner becomes a shareholder within the property. You have the proper to measure within the house as long as you would like and you’ll also make changes thereto.

While most houses in India are sold as freehold properties, apartments also are sometimes sold on lease. However, this is often gradually changing, as buyers feel more confident in purchasing a property that’s freehold.

Home loan for a freehold property

Banks are generally more willing to increase a home equity credit for a freehold property, as compared to a leasehold property. This is because it’s considered a safer investment, because the registration of a freehold property is completed and it’s also expected to extend in value. Banks also are willing to sanction a bigger home equity credit amount for a freehold property with a high market price (where the loan-to-value ratio are often 80 percent of the market value of the freehold property).

What is a leasehold property?

A leasehold property is typically cheaper than a freehold property, because the ownership rights are for a limited period, after which the lease expires. Once the lease expires, the ownership of the property is given back to the first owner. Most of the time, the leases are for 99 years but are often extended up to 999 years. A buyer also can purchase the leasehold property by converting it to freehold property.

Converting a leasehold property to a freehold

A leasehold property are often converted to a freehold property through a transparent sale deed, a general power of attorney and a no-objection certificate (if the land is under mortgage or rent). Additionally, you’d also got to pay a conversion charge, to the relevant authorities. In Delhi, a landowner can get the status changed, using only the registered agreement to sell and therefore the general power of attorney. In Maharashtra, the government has set the speed for the conversion of leasehold property to freehold at 25% of the reckoner (RR) rate.

What is better, leasehold, or freehold?

Usually, buyers prefer buying a freehold property as its prices increase more gradually as compared to leasehold properties. Moreover, it’s easier to urge a mortgage against a freehold property as compared to leased ones. If you invest during a leasehold property, the ownership will remain with the developer who bought the land to construct the project or the state authority who constructed the flats on its land.

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