Documents which should be verified before buy property

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Document checklist for property purchase – what you need to know before buying a resale property.
Buying a property, is not only buying a dream home but also your investment for life. But it doesn’t take much for it to turn into a nightmare.

Ready to move in with all facilities, which wouldn’t want that?

I have always wanted to buy a property, which will be ready and easy to move in. Who would want to wait for at least two years before the builder got his dream home ready. In the meanwhile he would have to continue paying rent on his current flat and Pre Emi’s.

Plus there was always the chance of the developer over-promising and then not delivering. Typically, every new project has a swimming pool and a clubhouse built into the design at the launch stage, and gradually such things disappear when the time to deliver nears. An old flat does not have any of these risks. “What you see is what you get”.

However, just before the day of registration was getting close, I was having sleepless nights a week before I was supposed to register the property in my name while purchasing an apartment in Bangalore. How would I know if the property was at all in the name of the person to whom I was going to hand over the money. Once this doubt had set in, there were thousands of other whys, where’s and how’s.
Hire A Good Lawyer

So I got in touch with a lawyer and asked his opinion. He gave me a list of documents that I needed to furnish from the seller, he would be checking them and give me a written opinion that the documents are in order and hence a go ahead to buy the property.

Here is the list of documents required:

Absolute sale deed in present seller’s name
Khata certificate & extract from BBMP
Latest tax paid receipt
If any loan outstanding on the property, latest statement from bank
Encumbrance Certificate from date of purchase till date
Agreement of sale & construction executed by developer in favour of seller
Latest electricity bill & receipt for the said flat
NOC from Apartment Association
Sanctioned building plan
Possession/occupancy certificate from builder
All title documents of land owner
Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder
Whether originals are available for inspection if no loan is taken?
A Copy of all registered previous agreements (in case of re-sale property)
RTC (Records of Rights and Tenancy Corps) or 7/12 extract
Conversion Order issued by the concerned Authority
Registered development agreement (If in case of Joint Development Property)
Power of attorney/s if any
Photocopy of Society share certificate & Society registration certificate.

So what I was confirmed about after I got the property documents are:

The seller was the genuine owner of the property
The documents were genuine, hence no fraudulent deals

Few other things to ensure if you are buying a resale land are;
Ensure A Clear Title :

This is the most important aspect to be considered before buying a house. If you are buying a house on a leasehold land or land owned by government, you need to obtain a no- objection certificate from the authorities. To get such a certificate, you may have to pay prescribed fees, which will further inflate the consideration for the property.

The other most important thing is the entire history of agreements pertaining to that property. “The entire chain of agreements should be made available to the buyer

Always insist on the ‘chain of documents’— all the agreements effecting ‘buying and selling of property’ till date since it was constructed.

Which documents are to be verified before purchase of a Flat?
Before you purchase a flat, you have to have a title and document search conducted by a competent advocate. You cannot do it yourself. You have to use the services of a competent advocate. It is a professional job to be done with professional assistance.

What is the difference between built up area, super built up area, and carpet area?
Carpet Area:This is the area of the apartment/building which does not include the area of the walls.
Built up Area: This includes the area of the walls also
Super Built up Area: This includes the built up area alongwith the area under common spaces such as the lobby, lifts, stairs, etc. This term is therefore only applicable in the case of multi-dwelling units.

What are all the important documents one should check before buying any property?
If you want to purchase a property, you have to look at the approved layout plan, approved building plan, ownership documents, carryout search, etc. Contact an advocate before you purchase a property so that he can advise you.

In whose name are the stamps required to be purchased?
The stamps are required to be purchased in the name of any one of the executors to the Instrument.

What is meant by the market value of the property and is Stamp Duty payable on the market value of the property or on consideration as stated in the agreement?
Market value means the price at which a property could be bought in the open market on the date of execution of such instrument. The Stamp Duty is payable on the agreement value of the property or the market value which ever is higher.

Which are the instruments that attract the payment of Stamp Duty?
The instruments like Agreement to Sell, Conveyance Deed, Exchange of property, Gift Deed, Partition Deed, Power of Attorney, settlement and Deed and Transfer of lease attract Stamp Duty on market value of the property.

Who is the appropriate authority for knowing the market value of the property?
The Sub-Registrar of the area, in whose jurisdiction the property is located, is the appropriate authority for knowing the market value of the property.

What are the risks associated in buying a flat on Power Of Attorney (POA) basis?
Purchasing a flat on a POA basis is not permitted under the law of the land.

Is a POA revocable?
Yes, a POA can be either revocable or irrevocable, depending on what sort of a POA one has made.

What exactly do we mean by a Free Hold flat? What are the advantages and disadvantages, if any?
A freehold property (plot or a flat) is one where there is a whole and sole owner(s), ownership is full and unconditional (within the provisions of the laws of the land) and there is no lessor / lessee involved.

How to convert a POA flat into a Free Hold one?
POA cannot be converted into anything. Leasehold properties of DDA in Delhi can be converted to freehold, as per provisions.

How to verify the authenticity of the various documents submitted by the seller of the house, particularly with regard to the possibility that the house has not been sold earlier to a third party?
Regarding authenticity of documents, again, you have to take the help of an advocate to verify.

A flat in a Co-op Hsg. Society is to be gifted. What are the legal formalities? What about stamp duty?
Gift of an immovable property is considered as a 'transfer' under the provisions of the TOP Act and you have to have the transaction registered through a Gift Deed and pay stamp duty as per provisions of the relevant stamp act depending in which state the property is situated.

Upon buying a flat from a builder in a building under construction, what are the permissions and papers that one should check with the builder, so as to ascertain the genunity of the builder?

When you are buying a flat from a builder in a building under construction, you have to check the following:
Approved plan of the building along with the number of floors.
Ensure that the floor that you are buying is approved.
Check if the land on which the builder is building is his or he has undertaken an agreement with a landlord. If so, check the title of the land ownership with the help of an advocate.
Check the building byelaws as applicable in that area and ensure that the builder is building without any violation of front setback, side setbacks, height, etc.
Check specifications given in the agreement to sell of the sale brochure. Is he providing the same actually on the ground or not?
Check the reputation of the builder.
Ensure that urban land ceiling NOC (if applicable) has been obtained or not.
NOC from water and electricity authorities also have to be obtained.
NOC from lift authorities.

Advocate Srinivasa Kudva LawRato