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I want to buy a resale flat what legal precautions should I take
20-Mar-2023 (In Property Law)
Dear Sir I want to buy a resale flat which is more than 5 years old(Seller stay there now). Seller told me that society has not formed yet. Everything is good. Obviously I want to be check the documents by a lawyer before buying the property. But I have one doubt because the seller told me that not to talk to the builder. The seller is saying that he(the builder) is not a good person. Should I talk to builder before buying??? Or not to say?? Also I doubt that there may be any transfer fee... Please suggest me...
If its a resale flat there is no requirements of builder for sale deed however you have to ask for all the papers from seller like mother deed, completion certificate, sanctioned plan copy, mutation certificate, current tax bill etc. Regarding transfer fees you may talk to other flat owners if their iscany society formed otherwise not.
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Adv. Vivek Poddar
Kolkata | 100+ Answers
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in case of resale flat u have to see the purchase deed of the sellor, whether mutation is done or not? as far as talking (not talking) to the builder, it is ok provided all the documents are clear. u can contact me for searching to be made before registration
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Dear Client,
Since you intended to buy a resale flat so there is no need to contact the builder unless there is any dispute regarding documents. Before buying the flat please get the documents related to flat be verified by a competent person. If you wish you can talk with the builder there is no harm in it. As it is resale flat so the builder have no such role.
With Regards.....
Avik Ghosh, Advocate
Since you intended to buy a resale flat so there is no need to contact the builder unless there is any dispute regarding documents. Before buying the flat please get the documents related to flat be verified by a competent person. If you wish you can talk with the builder there is no harm in it. As it is resale flat so the builder have no such role.
With Regards.....
Avik Ghosh, Advocate
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Adv. Avik Ghosh
Kolkata | 25+ Answers
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Sir,
Firstly i am sorry for replying late.. First do the court cases searching relating to the said flat, alongwith twelve years office searching at concerned Registry office and at the office of Registrar of Assurance.. Also check the sanction plan.
And as far as talking to the builder is concerned if the registration is done in the favour of the Seller which is duly executed by Landlord and Builder then there is no need to talk to the builder.
Rest all can be properly answered after going through documents
Firstly i am sorry for replying late.. First do the court cases searching relating to the said flat, alongwith twelve years office searching at concerned Registry office and at the office of Registrar of Assurance.. Also check the sanction plan.
And as far as talking to the builder is concerned if the registration is done in the favour of the Seller which is duly executed by Landlord and Builder then there is no need to talk to the builder.
Rest all can be properly answered after going through documents
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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hello
there is no harm in talking to builder , if you wish u can talk to him
but you must check the property paper properly , if there is written that transfer fee applicable then you will have to pay.
else no issue.
Thanks
there is no harm in talking to builder , if you wish u can talk to him
but you must check the property paper properly , if there is written that transfer fee applicable then you will have to pay.
else no issue.
Thanks
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Adv. Shailendra Jain
Kolkata | 25+ Answers
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