Our Real Estate Consultants
undertakes market and financial
feasibility studies, and formulates
the corporate and financing
structures required to implement a
development. These feasibility
studies typically include all of the
information needed by potential
lenders and investors. The studies
also include market data, design
briefs, cost estimates, financing
plans, profit and loss forecasts and
cash flows.
Estate Consultants also undertakes
project planning and project
management. As a Property
Consultants and Project Managers,
Estate Consultants takes care of the
design supervision, the budgets, the
cost-control, the schedule and the
construction standards. Effectively,
Estate Consultants acts as the
Clients' representative to ensure
that the project is built on time,
on budget and to the Clients'
requirements.
GLOSSARY OF REAL ESTATE TERMS
ACRE
A measure of land equaling 43,560
square feet; or 4,840 square yards;
or 160 square rods; or a tract about
208.71 feet square.
ALLOTEE
The person who is allotted a
property, either by government
body/authority or by a developer.
ABANDONMENT
The voluntary surrender of Property
rights, with no intention of
reclaiming them and without vesting
interest in another person.
ACCELERATION CLAUSE
A clause in agreement of sale, which
gives the lender the right to call
all sums due and payable in advance
of the fixed payment date upon the
occurrence of a specified event,
such as a sale, default, assignment
or further encumbrance of the
property.
For example, the contract was for A
to purchase a piece of land from B
for Rs 20,00,000, to be paid in 5
monthly installments. If A makes the
first two payments, but fails to
make the third payment, an
acceleration clause would require
that A must immediately pay B the
entire balance, or lose his right to
purchase (without getting a refund
of his 8,00,000).
ACCEPTANCE
The expression of the intention of
the person receiving an offer (offeree,
usually the seller) to be bound by
the terms of the offer. The
acceptance must be communicated to
the offeror and must be in writing
to be enforceable.
ACKNOWLEDGMENT
A formal declaration made before an
authorized official by a person
executing a document, that he signs
the document by a free act and deed.
The official is usually a notary
public who witnesses the signature
and verifies the identity of the
person.
ACQUISITION
The act of becoming the owner of
certain property; used also of the
thing or property acquired.
ADMINISTRATOR
A person appointed by the court to
manage and settle the estate of a
deceased person who has left no
will.
AFFIDAVIT
A written declaration, sworn before
an officer who has authority to
administer oaths.
AGREEMENT OF SALE
A written agreement whereby the
purchaser agrees to buy certain real
estate and the seller agrees to sell
upon terms and conditions set forth
in the agreement.
AIR RIGHTS
The rights vested by a grant of an
estate in real property to build
upon, occupy, or use, in the manner
and degree permitted, all or any
portion of space above the ground or
any other stated elevation within
vertical planes, the basis of which
corresponds with the boundaries of
the real estate described in the
grant.
ALIENATION
The voluntary transfer of real
property from one person to another.
BUILT-UP AREA
Built-up area: Built-up area, over
and above the carpet area, would
include the space covered by the
thickness of the inner and outer
walls of the flat.
BENEFICIARY
A beneficiary in the broadest sense
is a person or other legal entity
who receives Property, money or
other benefits from a benefactor.
BREACH OF CONTRACT
Violation of any of the terms or
conditions of a contract without
legal excuse.
CARPET AREA
The actual usable area of an
apartment/office unit/showroom etc.
minus Wall thickness. It is that
area within the walls where you can
actually lay a carpet.
CENTRAL BUSINESS DISTRICT
Commercial area and its immediate
radius of 2 - 3 kms, typically
located towards the city center,
which forms the hub of all major
commercial activity in a city.
CLEAR TITLE
A title that is free from claims or
legal questions and all other
encumbrances about the ownership of
the property.
COMMERCIAL PROPERTY
A building / property which is used
for the purposes of carrying out
commercial activity or trading.
COMMON AREAS
Those portions of a building or land
that are used by all of the unit
owners. Who share in the common
expenses of their operation and
maintenance.
CONDOMINIUM
A Real Estate project in which each
unit owner has title to a unit in a
building, an undivided interest in
the common areas of the project, and
sometimes the exclusive use of
certain limited common areas. Each
individual owner may sell or
encumber his/her own unit.
CO-OWNERSHIP
When there is more than one owner
for an immovable property, the
status of the property is known to
be of the Co-ownership type. A
Co-owner can do whatever he wishes
with his part of the property as
long as he does not affect the share
of the other Co-owners.
CONVEYANCE DEED
A legal document signed and sealed
and delivered to effect a transfer
of property and to show the legal
right to possess it.
COVENANT
A written agreement in a deed, which
pledges that either party will
perform or abstain from specified,
acts on a certain property, or which
specifies or forbids certain uses of
the property.
DAMAGES
Compensation or indemnity recovered
through the courts by any person who
has suffered loss, detriment or
injury to person, property or
rights. A sum of money awarded to a
person injured by an act of another.
May be compensatory or punitive.
DEED
A legal instrument in writing, duly
executed, sealed, and delivered,
whereby the owner of real property
conveys to another (grantee) some
right, title, or interest in real
estate.
DUE DILIGENCE
Verification of the authenticity of
the title of the property
EARNEST MONEY
The cash deposit made by a purchaser
of real estate as evidence of good
faith.
ENCROACHMENT
Trespass, the building of a
structure or any improvements partly
or wholly intruding upon the
property of another.
ENCUMBRANCE
Any claim, lien, charge or liability
attached to and bindings upon real
property, which may lessen the value
of the property but will not
necessarily, prevent transfer of
title. There are two general
classifications of encumbrances: (1)
those that affect the title, such as
judgments, mortgages, mechanic's
liens and other liens which are
charges on property used to secure a
debt or obligation; and (2) those
that affect the physical condition
of the property such as
restrictions, encroachments, and
easements.
ESCROW
In real estate, it is the state or
condition of a deed, which is
conditionally held by a third party,
called the escrow agent, pending the
performance or fulfillment of some
act or condition.
ESCROW AGREEMENT
A written agreement between two or
more parties whereby the grantor,
promisor or obligor, delivers
certain instruments or property into
the hands of a third party, the
escrow agent, to be held by said
third party until the happening of a
contingency or performance of a
condition, and then to be delivered
to the grantee, promisee, or obligee.
EXECUTOR
An individual or institution
designated in a will and appointed
by a court to settle the estate of
the testator.
FAIR MARKET VALUE
Legal term synonymous with MARKET
VALUE.
FREEHOLD PROPERTY
An owner's interest in land where
the property and the land on which
it stands both belongs to their
owner indefinitely.
FSI OR FLOOR SPACE INDEX
The maximum amount of construction
allowed on a given plot of land.
HEIR
A person who is entitled by law or
by the terms of a will to inherit
the estate of another.
HECTARE
A metric surface measure: 10,000
square meters or 2.471 acres.
INDEMNIFY
To protect against future loss,
damage, or liability.
INDUSTRIAL PROPERTY
Any property used for a
manufacturing purpose. A specified
area where industrial activity may
be carried out.
JOINT OWNERSHIP AGREEMENT
An agreement between owners defining
their rights, ownership, monetary
obligations and responsibilities.
JURISDICTION
The authority to legislate within a
geographically defined area;
authority to enact general municipal
legislation over that particular
area.
LANDLORD
One who rents property to others.
LEASE
A written document by which the
owner transfers the rights of use
and occupancy of land and/or
structures to another person or
entity for a specified period of
time in return for a specified
rental.
LEASEHOLD
The interest or estate, which a
lessee has in real property by
virtue of his lease.
LESSEE
A person/entity to whom property is
rented under terms of a lease.
LESSOR
A person who rents property under a
lease; the landlord.
LIABILITY
Debt, or obligation. An obligation
or duty that must be performed. The
opposite of asset.
LIEN
A hold or claim which one person has
upon the property of another as a
security for some debt or charge.
LOCK-IN
A specified period mentioned in the
lease for which Lessee must hold the
place or pay the rent.
MARKET VALUE
The price at which a willing seller
would sell and a willing buyer would
buy, neither being under abnormal
pressure.
METER
A measuring unit, 1 meter is equal
to three feet and three inch.
MAINTENANCE CHARGES
Charges payable by the owners /
occupants of a development
(apartment complex / commercial
complex / plotted development etc)
towards upkeep & maintenance of all
common areas and facilities.
MORTGAGE
A legal document that pledges a
property to the lender as security
for payment of the loan.
MUTATION
Mutation means transfer/change of
name in the records of the
Corporation for the concerned
property.
NO OBJECTION CERTIFICATE OR NOC
A certificate issued by the
concerned local authority that the
plans are in order and conform to
the guidelines and rules in force.
In other words, the authority
concerned has NO OBJECTION to the
commencement of construction.
NEGOTIABLE
A promissory note, or similar
instrument, is said to be negotiable
if title to the instrument, and the
money it represents, can be
transferred by mere endorsement and
delivery by the holder, or by
delivery only.
OCCUPANCY CERTIFICATE OR OC
A certificate issued by the local
development authority certifying
that all necessary works have been
completed as per the sanctioned
plans and that the property is fit
for occupation. The OC is issued
after clearance from the water,
electricity, sewerage, fire fighting
authorities etc.
OWNER
Any person who has a valid and legal
right, title and interest in the
property.
OBLIGATION
Legal reservation of funds based on
known requirements (a contract, for
example), or a realistic estimate of
costs.
OBLIGOR
One who places himself under a legal
obligation to an obligee.
PLOT
A piece of land.
POWER OF ATTORNEY
An instrument authorizing someone to
act as another person's agent or
attorney. The agent is attorney in
fact, and his power is revoked at
the death of the principal by
operation of law. Power of attorney
may be general or special.
RESIDENTIAL PROPERTY
Any property, which is used for
residential purposes. These areas
are specifically earmarked as such
by the concerned local authority.
REALTY
A term sometimes used as a
collective noun for real property or
real estate.
SUBLETTING
A leasing by one tenant to another,
who holds the right of use and
occupancy subject to the original
lease; the sub lessee.
SUBORDINATION CLAUSE
A clause in a mortgage or lease
stating that rights of the holder
shall be secondary or subordinate to
a subsequent encumbrance.
SUBROGATION
Replacing one person with another in
regard to a legal right, interest,
or obligation. Substitution, such as
a mortgage holder's selling his
rights and interest to another.
SECURITY
In lending, security refers to the
collateral given, deposited or
pledged to secure the payment of the
loan.
SUPER BUILT UP AREA
is said to include the proportionate
common areas on the floor, such as
the passage, staircase, and so on.
This would usually be around 25-35
per cent of the carpet area.
However, there is a tendency of
loading even the common areas of the
building/project such as the garden,
open area, clubhouse and other
recreational facilities.
TITLE
A document stating that the
particular property belongs to the
following person.
TENANT
One who holds or possesses land or
tenements by any kind of title,
either in fee, for 'life, for years,
or at will.
TERM
The extent of time for which an
estate is granted. For example, the
period which is granted for the
lessee to occupy the premises; it
does not include the time between
making the lease and the tenant's
entry.
VALUATION
The act or process of estimating
value; the amount of estimated
value.
VENDEE
A purchaser; a buyer; the person to
whom a thing is rendered or sold.
VENDOR
The person who transfers Property by
sale.
VOID
That which is unenforceable; having
no force or effect.