Fractional Ownership of Properties
We are starting up a business that will enable small time investors to invest in the real estate market at smaller ticket sizes. For Eg: An under construction property worth Rs. 50 L can be purchased by 10 people who invest Rs. 5 L each. So each of them own 10% of the property. Assume that 3 years later, at the time of selling, if the price is Rs. 75 L, each of them receive Rs. 7.5 L each.
We are like a marketplace that will help potential investors connect with high-appreciation under-construction properties. We are trying to understand what is the best possible way to structure this kind of a deal with the investors.
The under construction developers issue an 'Allotment Letter' on the name of maximum 3 people. It will not be viable to have all investors on name/title of all investors because that might create a problem while selling. We are planning to have a minimum 3 year lock in and the Allotment Letter or property registration should be done on the name of a business group that represents all investors in such a way that all investors don't have to be physically present while buying or selling the property.
We have heard about Syndicates and Trusts and want to know if they are viable options. We are open to looking at any kind of structure that will optimize the following factors:
> Lest Time taken to form the structure
> Least involvement of investors while buying/selling.
> Least amount of taxes, eg: No MAT or Divident Distribution Tax, etc. at the time of selling
> Ensures investor protection by keeping their money with a trusted 3rd party, like an Escrow Account
Also, in such structures, will there be a Director or Power Of Attorney who can sign on the investors' behalf? If yes, will the Director or POA have to travel to 10 local registrars if all 10 investors are from different states of India?