What should I consider when I am selling a house or land?

If you are planning to sell a property, one of the most critical factors you must consider during the sale is the process of registering the transaction.

Registering the Sale

Registering the transaction or sale is beneficial for both parties since it means that the government recognizes the transfer of property from the seller to the buyer. In India, all individuals must register((  The Registration Act, 1908.)) the sale of an immovable property for which the transaction costs exceed Rs.100. Since the cost of land or a house is much higher, this effectively implies that sale of such a property must be registered. Furthermore, all transactions involving gift of an immovable property, as well as lease for a period exceeding 12 months also need to be registered.

Disclosure of Information

As a seller, it is important to ensure that the transaction is carried out with absolute honesty and in full agreement with the buyer. This is necessary to ensure that there is no conflict or dispute that arises over the transaction in the future. When the buyer shows an interest in the land or house you wish to sell, you, as the seller, must:

  • Disclose to the buyer any material defect in the property of which you are aware but of which the buyer is not aware, and which the buyer cannot ordinarily discover.
  • Make available all the relevant documents to the buyer for examination, including all documents of title relating to the property.

Procedure for Electronically Filing Tax (Offline Filing)

The offline electronic filing (e-filing) mode is applicable for all Income Tax Retun (ITR) Forms. In the offline e-filing mode, you have to fill the ITR form offline, and then submit it on the Income Tax Department website.

Step 1: Select ITR Form

For offline mode, you have to download the appropriate ITR Form from the Income Tax Department’s e-filing portal. If you want to know which ITR form you have to fill, read here.

A pre-filled form can also be downloaded if you log in to the e-filing portal. From your account, you can choose to ‘Download Pre-Filled XML’. Import this to fill personal and other details into your ITR forms.

Step 2: Fill in Details

You can fill in the downloaded ITR form offline. Ensure that you fill the form completely and provide all the necessary details correctly. Validate all the tabs in the form.

Note that ​​​​​​​​​​ITR forms are attachment less forms and, hence, you are not required to attach any document (like proof of investment, TDS certificates, etc.) along with the return of income. Keep the ITR forms safely as they may be asked by the tax authorities when demanded in situations like assessment, inquiry, etc.

Step 3: Compute your Tax Liability

Compute total income for the financial year and compute your tax liability. You can also take the help of a Chartered Accountant for this. After this, collect all the documents and verify all the taxes deducted from your income. This way you can compute the total income chargeable to tax. After computing your total income, you have to calculate your tax liability. You can do this by applying the tax rates in force as per your income slab.

Step 4: Deductions

Once you have computed your tax liability, deduct the taxes that have been already paid by you through TDS, TCS and Advance Tax, and add interest payable (if any). This will tell you if all the taxes are already paid by you or any additional tax has to be paid, or if you have paid any excess taxes and a refund is due to you.

Step 5: Submit ITR Form

Generate and save the form. After preparing the form offline, you can then submit it online by logging in to the e-filing portal.

Step 6: Upload ITR Form in XML Format

After selecting the ‘e-File’ menu, leading to the ‘Income tax return’ page, you will have to select the assessment year, ITR form number, and whether your ITR is an original/revised return. You can then upload your form in the XML format. You have several options for verifying your form, and can choose to verify your form at the time of submission or later.

Once the verification is done, you can check your ITR status here.

Lease Agreement

A lease deed/agreement is the most common form of agreement used in many cities like Delhi, Bangalore, etc. It is also commonly referred to as ‘Rent Agreement’.

Rights Under a Rent Agreement

As a tenant, if you have signed a lease deed with your landlord, you have certain rights that you would not have in case of a leave and license agreement, such as:

Interest in Property

You have a right over the property in terms of its occupation and use since you are paying rent.

Right to Possession

You get exclusive possession to occupy the house being rented to you. This means that if the landlord has rented you a house or space, he cannot use the space assigned to you. It is for your exclusive use for the duration of your lease.

Protection from Eviction

The landlord cannot unilaterally end or shorten the duration of your lease without providing proper legal justification. You have certain protections available against eviction.

Please refer to this checklist to ensure you have all the essential points covered in your agreement.

Valid cheques

A valid cheque is one that can be presented to the bank in order to receive money from the drawer’s account. The validity of the cheque will depend upon the date it was issued. Once a date has been written on a cheque at the time of issuance, it will only stay valid for up to 3 months from that date. For example, if a cheque has been issued on 1st January, 2019, then it will only be valid till 1st April, 2019. There are two broad categories of valid cheques:

Punishments for Consumer Rights Violations

The Central Consumer Protection Authority has the power to penalize an individual or entity for violating consumer rights. This is ensured through various means such as fines, taking back the defective goods(( Section 20(a), Consumer Protection Act, 2019)), reimbursements for such goods/services(( Section 20(b), Consumer Protection Act, 2019)), or discontinuation of unfair trade practices(( Section 20(c), Consumer Protection Act, 2019)).

Punishments for false or misleading advertisements

The manufacturer, advertiser or endorser is liable for false or misleading advertisements. However, the endorser’s liability in these cases only arises when they have not done their research(( Section 21(5), Consumer Protection Act, 2019)) before endorsing such an advertisement. The punishment is:

  • For the first offence: A fine which may extend up to Rs. 10 lakh and jail time up to 2 years5(( Section 89 & Section 21 (2), Consumer Protection Act, 2019)).
  • For every repeat offence: A fine which may extend up to Rs. 50 lakh and jail time up to 5 years may be awarded(( Section 89 & Section 21 (2), Consumer Protection Act, 2019)).
  • The Central Authority can also prohibit them from endorsing any product for up to 1 year. In case of subsequent offences, it can be extended up to 3 years(( Section 21(3), Consumer Protection Act, 2019)).
  • Failure to comply with these directions of the Central Authority can result in jail time for up to 6 months or a fine extending to Rs. 20 lakh(( Section 88, Consumer Protection Act, 2019)).

 

Punishments for sale of adulterated products

Any action of the manufacturer or retailer involving the sale, import, storage or distribution of adulterated food is punishable. The following punishments apply:

  • When there is no injury(( Section 2(23), Consumer Protection Act, 2019)) to the consumer, like any kind of pain or death, jail time for up to 6 months and a fine of up to Rs. 1 lakh may be granted(( Section 90(1)(a), Consumer Protection Act, 2019)).
  • When the injury does not amount to grievous hurt to the consumer, jail time for up to 1 year and a fine of up to Rs. 3 lakhs may be granted(( Section 90(1)(b), Consumer Protection Act, 2019)).
  • When there is grievous hurt to the consumer, jail time for up to 7 years and a fine of up to Rs. 5 lakhs may be granted(( Section 90(1)(c), Consumer Protection Act, 2019)).
  • When the adulteration has caused the death of the consumer, jail time for not less than 7 years and extending up to life, and a fine of not less than Rs. 10 lakhs may be granted(( Section 90(1)(d), Consumer Protection Act, 2019)).

Additionally, the Consumer Authority may suspend the license of the manufacturer for up to 2 years, when it is the first offence or cancel the license of such manufacturer altogether if the offence is repeated(( Section 90(3), Consumer Protection Act, 2019)).

Punishments for sale of spurious goods

Spurious goods are those which are falsely claimed to be genuine(( Section 2(43), Consumer Protection Act, 2019)) or are fake or imitative of real, original goods. These are often of inferior quality and infringe upon the trademarks and copyrights of legal owners of the original goods. A crucial example is that of medicines or cheap make-up products found in local markets. Any action of the manufacturer involving the sale, import, storage or distribution of these goods, is punishable as follows:

  1. If the injury does not amount to grievous hurt to the consumer, jail time for up to 1 year and a fine of up to Rs. 3 lakhs may be awarded15(( Section 91(1)(a), Consumer Protection Act, 2019)).
  2. When such spurious goods cause grievous hurt to a consumer, jail time up to 7 years and a fine up to Rs. 5 lakhs may be awarded to the manufacturer16(( Section 91(1)(b), Consumer Protection Act, 2019)).
  3. When the good bought has caused the death of a consumer, jail time for a minimum period of 7 years extending up to life jail time and a minimum fine of Rs. 10 lakhs may be awarded17(( Section 91(1)(c), Consumer Protection Act, 2019)).

 

Customer’s Responsibility to Notify Unauthorized Transactions

The customers must be advised to notify their bank of any unauthorised transaction as soon as they can or at the earliest possible opportunity. The longer the time taken to notify the bank, the higher will be the risk of loss to the bank/ customer.

The Bank will note the time of the SMS sent notifying the customer of the electronic banking transaction and the SMS/response received by the customer. This is done to ascertain the extent of a customer’s liability.

Who can sell property?

Under the law, any person that is competent to enter into a contract i.e., who is 18 years old or above and is of sound mind, can sell an immovable property.(( Section 7 of the Transfer of Property Act, 1882.)) There are specific rules for sale of property by NRIs and PIOs in India. However, for the sale of property to be legal, various aspects come into consideration, such as:

  • Whether you have the right to sell, i.e., whether you are the owner
  • Whether you have the authority to sell the property. For example, seeing if you have a power of attorney or have been authorized by the owner to sell.

Notice issued by Income Tax Authorities

Sometimes, you may be required to file income tax returns (ITR) in response to a notice issued to you by the income tax authorities. These are some major instances when notice can be issued to the taxpayer:

If your tax return is defective

If the Assessing Officer thinks that your return of income is defective, he may notify you of the defect,(( Section 139(9), Income Tax Act, 1961)) and give you an opportunity to rectify the defect within fifteen days of the notice. The defect should be rectified within fifteen days or the extended period allowed by the Officer. Otherwise, your return shall be treated as an invalid return. It will be considered that you as the taxpayer have failed to submit the return, which will result in penalties for you.

Not filing tax return on time

In order to make an income tax assessment, the Assessing Officer may serve a notice on any person who has not submitted an income tax return on time, to make the person submit the return. The Officer can also ask you to produce any accounts or documents required by the Officer. The income tax authorities can ask you to submit or verify any information.  Further, this may include a statement of all your assets and liabilities.(( Section 142(1), Income Tax Act, 1961). Reassessment of your income chargeable to tax – If the Assessing Officer thinks that any part of your income chargeable to tax has escaped assessment or not been assessed for any assessment year,((Section 147, Income Tax Act, 1961))

then he may assess or reassess such income which has escaped assessment and which comes to his notice subsequently. Before making this assessment, the Assessing Officer shall serve you a notice.(( Section 148, Income Tax Act, 1961)) The notice will require you to submit a return of income for the previous year corresponding to the relevant assessment year. The notice will specify the time within which you have to submit the return.

Penalties for not responding to notices

You have to respond promptly to the notices mentioned above, and act accordingly. If you do not respond, you can be punished under the Income Tax Act. However, you will not be punished if:

  • You submit the return before the end of the assessment year
  • Tax payable does not exceed Rs. 10,000.

If you don’t respond to a notice asking you to submit your tax return, or a notice asking you to submit your return for reassessment, then you can be punished with imprisonment and an unlimited fine. If the tax amount involved is more than Rs. 25 lakh, you can face imprisonment from 6 months up to 7 years. In other cases, you can face imprisonment from 3 months up to 2 years.(( Section 276CC, Income Tax Act, 1961))

Signing the Written Agreement

There are certain steps you should follow before signing the written rent agreement.

Due Diligence Before Signing

If you decide to take the house or give your house on rent, then here are some important things you should do before signing the written agreement:

Read Your Agreement

Before signing your agreement ensure that you or your lawyer has read the terms of the agreement. Please ensure that you have not signed a document without knowing the contents of it since you cannot later claim that you are not bound by the agreement because you did not read the agreement.

Ensure the Presence of Witnesses

After reading the terms of your agreement, both you and the landlord/licensor/tenant/licensee have to sign the agreement. Please make sure that there are two (2) witnesses signing the agreement as well. This requirement is not optional as without the witnesses signing the agreement it will not be considered to be valid.

 

Due Diligence After Signing

Here are some important things you should ensure after signing the written agreement:

Notarizing and Registration of the Agreement

After signing the agreement, make sure that you notarize or register your agreement if you are giving your house on rent or taking a house on rent.

For rent agreements which are for 11 months registration is not compulsory. However, it is compulsory to notarize the agreement.

Police Verification

After signing your agreement ensure that you get the police verification process done if you are giving your house on rent. As a person taking a house on rent you have no obligation to get the police verification done. However, you must co-operate with your landlord when he asks for your details for this process as the landlord is required to complete this process under the law.

Crossed Cheque

Crossing a cheque means that it cannot be transferred to anyone else. In such cheques, you have to draw two parallel lines on the top left corner of the cheque and you can write the words “Account Payee Only” or “Not Negotiable” with it.

 

Crossed Cheque

For illustration purposes only

These cheques cannot be encashed at the cash counter of a bank but can only be credited to the payee’s account.

These cheques are crossed to minimise the risk of misappropriation or loss of identity. Since crossed cheques are not payable at the counter and the amount is credited into the bank account of the payee, this is a safer way of transferring money as compared to an uncrossed or an open cheque on which no amount of money has been written.

A crossing may also be made where the name of the bank is indicated on the cheque, to restrict the payment. For example, if a cheque is made in the name of B and a crossing “Bank of Baroda” is made on the cheque, the cheque would be payable only to the account of B with Bank of Baroda and no other bank