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Frequently asked questions
Here you can find all answers to frequently asked questions about ALYF homes.
Legal
Model
Investment
Rental
How will I get ownership of the property I am buying?
Your ownership of the property is structured as a shareholding in a Limited Liability Partnership (LLP). The LLP serves as a dedicated entity specifically created to own and manage the property. For instance, if there are 8 individuals acquiring shares in the property, each buyer will hold a 12.5% share (calculated as 100/8) in the LLP.
Within the LLP, two designated partners (DP) from ALYF, without any ownership stake, are appointed. Their primary responsibility is to oversee the seamless legal operation of the entity. This unique structure ensures transparency, legal compliance, and efficient management, providing you with a clear and secure form of property ownership.
Is the LLP registered?
Yes, the LLP is registered with the Registrar of Companies( ROC) India. Their details, like any other registered entity, shall be available on the Ministry of Corporate Affairs( MCA) website.
Can the Designated Partners( DP) sell my shareholding without my consent or sell the entire property themselves ?
No, the Designated Partners (DP) play a crucial role in ensuring the legal compliance of the LLP entity. Importantly, they do not have the authority to initiate the sale or transfer of any shareholder's stake without explicit consent. Your shareholding and the property itself are safeguarded by the requirement for shareholder consent, providing you with assurance and control over any potential transactions involving your investment.
Do I need permission of any shareholder or ALYF (DP) to sell my share?
No, you do not need permission or a No Objection Certificate (NOC) from other shareholders or ALYF (DP) to sell your share.
What if one of the shareholders goes bankrupt? Will the bank seize the property?
No, the property is registered under the name of the LLP, and if a shareholder faces bankruptcy, it pertains solely to their share in the LLP. In such a scenario, the bank may only claim the share of the bankrupt shareholder, but they do not have the authority to create a charge on the entire property. The structure of the LLP safeguards the property from being seized due to the financial challenges of an individual shareholder
Does the property have insurance ? What type?
Yes, the property is insured with an 'All Peril' Insurance policy, covering risks such as fire, stormwater and flood damage, earthquake, and more. The premium for this insurance is covered by the LLP that owns the property. This comprehensive coverage ensures protection against a range of unforeseen events, providing additional security for your investment.
Can an NRI purchase the share on his name?
Please be aware that NRIs cannot hold shares in an LLP; this provision is applicable only to Private Limited Companies. Therefore, for NRI investments, we would establish a Private Limited Company instead of an LLP to facilitate their shareholding in the property
Can a Foreign Citizen purchase a share?
No, Only Indian citizens or people of Indian Origin (PIO) can buy a share.
What happens in case of any illegal activity - including drugs, robbery, physical harm, etc., by a tenant or a third party when the property is rented?
The property is rented out in strict accordance with applicable laws. During the rental process, KYC is meticulously conducted, and guests are required to sign a declaration affirming their commitment to comply with the law and refrain from engaging in any illegal activities on the premises. In the event of an unforeseen situation involving illegal activity, ALYF will actively cooperate with legal authorities. We anticipate minimal complications for the property owners, as every effort is made to ensure lawful and secure tenancy.
Can we share the current financial sheet / Auditing report of my LLP?
Yes, the audited report for a property is made available to all shareholders. Additionally, shareholder meetings are organized regularly, as per applicable laws.
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