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due diligence before purchasing a property approved from BMRDA
08-Aug-2023 (In Property Law)
Before purchasing property what are the document that i need to check. Builder says it is approved by BMRDA. How do I confirm that there is certain approval from local planning Authorities
Dear Sir/Madam, kindly send below mentioned all the documents;
1. Document to show how the present owner acquired title to the subject property and also to produce previous title deeds for 30 years like Sale Deeds, Partition Deeds, etc.
2. Family Trees and Death Certificates.
3. Index of Lands and Record of Rights.
4. Mutation Register extracts and Inheritance Certificates.
5. R.T.C.'s from the period 1969-70 to 2015-16.
6. Copies of: a) Akarband; b) Tippany; c) Hissa Tippany; d) R.R. Pakka (Balabhagada Nakalu); e) Karda; f) Mysore Settlement Register; g) Hudbast; h) Village Map
7. Survey Sketch from the Survey Department with respect to survey number clearly indicating the location, extent, boundaries, hissas and demarking kharab land and road, if any.
8. Endorsement from the Tahsildar regarding tenancy applications filed or pending, if any under Sections 48A and 77A of the Karnataka Land Reforms Act, 1961 with respect to the subject property.
9. Endorsement from the Assistant Commissioner regarding proceedings, if any initiated or pending under sections 79A and 79B of the Karnataka Land Reforms Act 1961 with respect to the subject property.
10. Endorsement from the KIADB, KHB and BDA/ BMRDA regarding notification issued if any for the acquisition of the subject property for any of their developmental purposes.
11. Official Memorandum / Conversion Order for having converted the land from agricultural use to residential use same and the challan for having paid the conversion fine.
12. Sketch annexed to the afore-mentioned Conversion Order/ Official Memorandum.
13. Joint Development Agreement, if any and other contracts/ general power of attorneys entered into between the owners and developers.
14. Sanctioned building Plan approved by the competent authority and club house facilities constructed on the subject property.
15. No Objection Certificate from BWSSB, BESCOM, Pollution Control Board, Fire Force and Airport Authority.
16. Commencement Certificate issued by the BBMP.
17. Construction Agreement if any with the prospective purchaser.
18. Allocation Agreement entered between owners and builders showing their respective shares.
19. Occupancy Certificate as and when the building is completed.
20. Special Notice for assigning sub-numbers to the individual apartment.
21. Deed of Declaration executed by the owners of the apartment.
22. No Due Certificate from the Apartment Owners’ Association.
23. Whether the apartment is constructed according to the plan? Are there any deviations? If so, what is the percentage of deviation? Architect Certificate.
24. Electricity bills and water connection bill.
25. Khatha Certificate and khatha extract of the apartment intended to be purchased.
26. Up to date tax paid receipt.
27. Encumbrance Certificate for the period 01-04-1970 to date with respect to the subject property.
28. To state if the subject property abuts National/ State/ District Highway.
29. Details of Agreement of Sale/ MoU/ Development Agreement entered into with any person/s with respect to the subject property.
30. Details of mortgage/ charges/ lien created, if any on the subject property.
31. Details of GPA, if any executed in favor of any person with respect to the subject property.
32. Details of all past and current litigation, arbitration or other disputes or proceedings affecting the subject property/owner or any person for whose acts or default the owner may be vicariously liable which, to the owner’s or is contemplated.
33. Any other documents / clarifications required on perusal of the above documents.
After receipts of above said listed documents which are related if your property, kindly send to my email ID, I will go through and it will be finished and given my legal opinion (verification of documents) in detail within 5-6 days.
1. Document to show how the present owner acquired title to the subject property and also to produce previous title deeds for 30 years like Sale Deeds, Partition Deeds, etc.
2. Family Trees and Death Certificates.
3. Index of Lands and Record of Rights.
4. Mutation Register extracts and Inheritance Certificates.
5. R.T.C.'s from the period 1969-70 to 2015-16.
6. Copies of: a) Akarband; b) Tippany; c) Hissa Tippany; d) R.R. Pakka (Balabhagada Nakalu); e) Karda; f) Mysore Settlement Register; g) Hudbast; h) Village Map
7. Survey Sketch from the Survey Department with respect to survey number clearly indicating the location, extent, boundaries, hissas and demarking kharab land and road, if any.
8. Endorsement from the Tahsildar regarding tenancy applications filed or pending, if any under Sections 48A and 77A of the Karnataka Land Reforms Act, 1961 with respect to the subject property.
9. Endorsement from the Assistant Commissioner regarding proceedings, if any initiated or pending under sections 79A and 79B of the Karnataka Land Reforms Act 1961 with respect to the subject property.
10. Endorsement from the KIADB, KHB and BDA/ BMRDA regarding notification issued if any for the acquisition of the subject property for any of their developmental purposes.
11. Official Memorandum / Conversion Order for having converted the land from agricultural use to residential use same and the challan for having paid the conversion fine.
12. Sketch annexed to the afore-mentioned Conversion Order/ Official Memorandum.
13. Joint Development Agreement, if any and other contracts/ general power of attorneys entered into between the owners and developers.
14. Sanctioned building Plan approved by the competent authority and club house facilities constructed on the subject property.
15. No Objection Certificate from BWSSB, BESCOM, Pollution Control Board, Fire Force and Airport Authority.
16. Commencement Certificate issued by the BBMP.
17. Construction Agreement if any with the prospective purchaser.
18. Allocation Agreement entered between owners and builders showing their respective shares.
19. Occupancy Certificate as and when the building is completed.
20. Special Notice for assigning sub-numbers to the individual apartment.
21. Deed of Declaration executed by the owners of the apartment.
22. No Due Certificate from the Apartment Owners’ Association.
23. Whether the apartment is constructed according to the plan? Are there any deviations? If so, what is the percentage of deviation? Architect Certificate.
24. Electricity bills and water connection bill.
25. Khatha Certificate and khatha extract of the apartment intended to be purchased.
26. Up to date tax paid receipt.
27. Encumbrance Certificate for the period 01-04-1970 to date with respect to the subject property.
28. To state if the subject property abuts National/ State/ District Highway.
29. Details of Agreement of Sale/ MoU/ Development Agreement entered into with any person/s with respect to the subject property.
30. Details of mortgage/ charges/ lien created, if any on the subject property.
31. Details of GPA, if any executed in favor of any person with respect to the subject property.
32. Details of all past and current litigation, arbitration or other disputes or proceedings affecting the subject property/owner or any person for whose acts or default the owner may be vicariously liable which, to the owner’s or is contemplated.
33. Any other documents / clarifications required on perusal of the above documents.
After receipts of above said listed documents which are related if your property, kindly send to my email ID, I will go through and it will be finished and given my legal opinion (verification of documents) in detail within 5-6 days.
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Adv. Chandrashekhar Vithal Jadhav
Bangalore | 200+ Answers
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