What is Freehold Property?

Legal Documents
11 Apr, 2024
What is Freehold Property

What is Freehold Property?

When someone decides to buy property in India, the person generally has two options - freehold and leasehold. Knowledge of these two types of properties is essential to understand who can own them, appreciate-able value upon resale, and the growth potential of given real estate investment. In this detailed walk-through we will touch up the idea of freehold property, its benefits, and we will also dwell on the possible legal implications in a bid to ensure that you have well grasped everything that you need to know when making that most informed decision.

Definition of Freehold Property

A freehold property is when there is a kind of ownership over the real estate called freehold; the owner possesses the land and the house rights in perpetuity which is having no time or lease restrictions. Unlike liability estates, in which the ownership expires after a fixed period of time, freehold ownership is perpetual until the owner intends to enclose the piece of land.

Advantages of Owning a Freehold Property

  • Absolute Ownership: Being a freehold property owner, you are empowered fully on how to shape the property, and you can make such additions, renovations or even set the structure on fire, rebuilding it as you deem fit without consent from the third party.
  • No Lease Renewals: Once you purchase your vehicle outright via cash or a loan, there are no terms to worry about, no lease involved, and no renewals needed.
  • Higher Resale Value: Depending on the size of the close hold properties in the market, they also go on the higher side. This is advantageous for their resell and therefore command a higher resale value compared to leasehold properties, making them a better investment option.
  • Unrestricted Use: With regards to the property, you enjoy complete liberty in using it for residential, commercial, or any other legal purpose without any obvious restrictions or prohibitions.

Legal Implications of Freehold Ownership

While freehold ownership offers numerous benefits, it's essential to understand the legal implications involved:

  • Property Taxes: Paying as a permanent entity, a freehold owner is also charged by municipal corporation or council for paying taxes to the local government.
  • Maintenance and Repairs: Maintenance and upkeep of the property, e.g. structural repairs, is the renter’s duty in relation to it.
  • Transfer of Ownership: A freehold property is easily transferable either by sale, inheritance, or gifting by experiencing due diligence under lawful resolutions.

Factors to Consider Before Buying a Freehold Property

  • Location and Amenities: Verify the location, closeness to fundamental amenities, transport boundaries, and future development plans in the area and surroundings.

  • Property Documentation: Scrutinize carefully and approve all documents pertaining to a property like deeds, encumbrance certificates and make sure the property is not involved in any legal disputes or encumbrances.
  • Builder Reputation (For New Properties): If you are planning to buy a new freehold property from a developer, consider the company's history, the period of time frame of the project and also read customer reviews.
  • Property Valuation: Hire an appropriative professional appraiser for assessing the real market price of the property and get guaranteed that you will not overpay.

Costs Associated with Freehold Property Ownership

While freehold properties offer long-term benefits, it's essential to factor in the costs associated with ownership:

  • Stamp Duty and Registration Fees: The levels and rates of these levies are determined by the state governments but they depend on the value of the property.
  • Maintenance and Repair Expenses: You are completely responsible for the repair and maintenance cost, which is different from rental property management, where tenants pay for those expenses.
  • Property Taxes: Council tax, which is levied by the local municipal corporation every year, is an example of local taxes, which must be paid on time.


Freehold property ownership is the stable desire for privacy, complete control and the long-term investment. Get to know definitions and implications of the law, costs, and factors to consider; then choose the house with the financial goals that fit with your lifestyle properly. Keep in mind that you need to carry out a comprehensive investigation, check property documents and eventually consult with professionals who are going to help you buy easefully and successfully freehold property.