Answer 20 queries on loan against property

Loan against property (LAP) refers to is a loan that is given or is disbursed against the property. The loan is disbursed at a certain percentage of the market value of the property and is usually around 50% – 90%. Loan against property is the part of the secured loan category where the borrower issues a guarantee by using the property as a security.

The borrower who avails loan against property generally has certain queries. The article is aimed at solving the queries.

  1. What is a Loan against Property? How is it different from a Home Loan?

The two loans that are known as home loan and loan against property are poles apart. A Loan against Property is called as a multi-purpose loan. The end-use of this could be funding of either your elder child’s marriage, your younger child’s education abroad, or expanding your business. The collateral (secured asset) for this kind of loan is a property which is thus already in existence or either a plot of land.  A Home Loan, on the other hand, is a loan which is taken only for the purpose of buying a residential property.

  1. Why should I take a Loan against Property?

Your assets like gold, FD etc. can thus be used as collaterals for loans. Real Estate is considered as a valuable asset.  You can however also leverage this asset and obtain the necessary funds.

  1. Should I take a Personal Loan or a Loan against Property?

A personal Loan is also an all a -purpose loan. However, in this, no collateral is required for a personal loan. If you have a property, then you should leverage it for the funds. A Loan against Property thus  scores over a personal loan for the following reasons:

  1. Personal Loan is, however,  available at steeper interest rates (around 20%) as it is compared to a Loan against Property (around 15%)
  2. A Personal Loan is always available for shorter periods (1-5 years) while a Loan against Property is thus usually available for longer tenures of up to 15 years.
  3. The Processing fee is lower for a Loan Against Property (around 1%) as and when it is  compared to a Personal Loan (around 2.5%)

 4. Can a self-employed person avail of a Loan against Property?

Yes. Both the salaried and the self-employed applicants can thus obtain a Loan Against Property.

5. Can NRI’s get a Loan against Property?

Yes. Most of the banks are thus willing to offer loans to the salaried NonResident Indians (NRIs). They should also live in select countries and they should work for the reputed organizations.

6. Do you need to specify the purpose for which you avail a Loan against Property?

Most of the  banks do not ask the borrower to specify the purpose for which the borrower takes a Loan against Property, up to a particular limit. Above that, they also might require the borrower to provide an undertaking that the loan is not for a speculative or an illegal purpose.

 7. Can a Commercial Property act as collateral for Loan against Property?

Yes. You can take a Loan against Property by providing either a Residential or a Commercial Property as collateral. You can also take a loan against a plot of land by keeping it as collateral.

 8. What is the quantum of the loan I can get?

For a Loan against Property, around 60-80% of the market value of the property is provided as collateral and this depends upon the bank which the borrower opts for. Factors like the borrower’s income, savings, investments, job stability, age, dependents, spouse’s financial health, other loans in your name also play a crucial role in order to determine the loan amount.

9. What are the taxation aspects?

Unlike a Home Loan, there are no tax incentives which are available on the EMIs in the case of the fact that the Loan against Property has been availed by a salaried person. A businessman, however, can claim the tax deduction on the entire interest on the amount which is paid on the loan if he can prove that the loan funds were used in order to improve his business.

10. How would my property value be assessed?

The bank shall always determine the value of the property after conducting a formal valuation process.

11. What are the documents that are required for applying for a Loan against Property?

 The documents that are required differ for a salaried and for a self-employed person:

A Salaried applicant needs to submit:

  1. Application form with a photograph
  2. An Identity and an Address Proof
  3. .The Latest Salary Slips
  4. Form 16
  5. .Bank Statements of the Last 6 months
  6. Processing fee cheque

A Self-Employed applicant thus  needs to submit:
1. An application form with a photograph
2. An Identity and an  Address Proof
3. Proof of business existence & the  Education Qualifications.
4. Last 3 years Income Tax Return
5. Last 3 years P&L and also  Balance Sheet
6. Bank Statements of the Last 6 months
7. Processing fee cheque

12. How much time does the Bank take to disburse the loan?

Banks usually take around 2 weeks for the purpose of disbursing the Loan against  Property once all the documentation process is completed.

13. Do I need to insure the property?

Yes. The banks usually require that the property is to be insured against flood, fire, flood, earthquakes etc. during the tenure of the loan .

14.  How can I repay my loan?

You can repay your Loan against Property through the process of Equated Monthly Installment (EMIs). It can thus  be paid either through Post Dated Cheques (PDC) or through Electronic Clearance System (ECS)

15. Can I prepay my loan?

Yes. The Loan against Property can, however,  be pre-paid prior to its schedule. Commercial Banks thus cannot charge foreclosure charges on any of the floating rate term loans that are sanctioned to its individuals as per a recent Reserve Bank of India (RBI) directive.

16. Can I make part pre-payment of my loan?

Yes. You can also make part pre-payments of a minimum amount.

 17. How is the interest calculated?

Interest rates are usually thus calculated on a monthly or on daily reducing balance method, and it depends on the bank.

18. What happens when the property is jointly owned by more than one person?

All the co-owners of the property will thus automatically become the joint applicants of the Loan against Property.

19. Can I take a loan against a house I have given on rent?

 Yes.  All that matters is that you are required to have a proper title deed and also other ownership documents. It thus doesn’t matter whether you live in the house or you give it on rent.

 20. Does a bank check my Credit Score before giving me a Loan against Property?

Yes.  Even though a collateral is provided, the banks would check the Credit Score of the applicant for his repayment history in case of the  Loan against  Property. A CIBIL score over 750 is thus usually considered as a good enough credit score for the process of loan approval.

Thus in the case of a loan against any other asset like shares or gold, the bank would always sell the pledged asset in order to recover its dues. That’s a lower risk which the borrower is required to take as compared to losing a home. A Loan against Property could thus be a good alternative for you if you are confident enough of repaying your dues on time.

By | 2017-11-04T06:27:07+00:00 November 4th, 2017|Loan against Property|0 Comments

About the Author:

Pulkit Jain is the founder of LegalRaasta – India's top portal for registration, trademark, return filing and loans. Pulkit is a veteran CA with over 10+ of experience.

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