Purchasing flat whose registry is not done so far.

As mentioned above I am interested to buy a flat, but registry is not done so far. The party lives in Kuwait. Due to some reason the owner(lady) of the property is not able to come India. But on her behalf her husband will take the power of Attorney and do the registry first on his name then he can sell it to me. I am taking loan. Please guide that the power of attorney is legal to sell his wife house. What documents are required? How to initiate this process.

Answers (1)

53 votes

yes, Power of Attorney is legal document through which the husband can sell the house. make sure the Power of Attorney writes that the husband has the authority to sell the house and get the registry done.

the documents require are:

You must always remember that property documents are the most vital part of any investment in properties. In order to avoid fraudulence attempt to cheat you, it is essential to check the following documents:

Sale Deed: This will be the core legal document that will act as proof of sale as well as the transfer of ownership from your buyer to you. This should be registered compulsorily. It is to be note2d that prior to the execution of sale deed, you must execute the sale agreement while at the same time checking for the compliance of various terms and conditions as agreed upon by you and your seller. Also, well before executing the sale deed, you must check whether the property under deal is bearing a clear title.
Mother Deed: This is the parent document which is an important legal document that would help you in tracing the antecedent ownership of the property under deal right from the start. You will need this document to further sale your property. In case, there is no mother deed available, you must make sure that you obtain the certified copies from the registering authorities. Also, it is very much important that the mother deed has recorded the references to previous ownerships in a continuing sequence. In case, something is missing, you should refer the records from registering offices. The sequence should have been updated until the current owner.This is very important if you’re buying through a home loan. (P.S: Check how to get credit score and how it affects home loan)
Approval Plan of Your Building2: Any building owner must obtain an approval plan either from the jurisdictional commissioner or any other officer who got authorized by commissioner. One will be required to submit a set of documents in order to obtain a building approval plan. Those documents include:
o Title Deed

o Property Assessment Extract

o Property PID number

o City/Panchayat survey sketch

o Up-to date tax receipt

o Earlier sanction plans

o Drawings of the property

o Demand drafts

o Foundation certificate

o Land use certificate

Conversion Certificate: With the major amounts of land being agricultural in documents to checkIndia, a conversion certificate is important to be obtained from the legal body. This is the certificate that will be issued by competent revenue authority in order to change the use of land from agricultural to housing purposes. A NOC (No Objection Certificate) should be obtained from the Tahsildar office and land regulatory for this conversion.
Encumbrance Certificate: This would mean changes in the ownership on property that has been held against a home loan. This would consist of all the registered transactions that are done on the property during the time duration for which this EC is filed. In simple terms, this will provide you with evidences of mortgages, title transfers or any legally registered transaction that affects your property. The single most important document after Sale and Mother deeds.
Power of Attorney: This is a legal procedure that is used in giving the authority to another person by the owner on behalf of him/her. The PoA holder can let-out, mortgage, sell the property on your behalf. So be careful before giving Power Of Attorney. In late 2013, the government has made registering PoA mandatory to be valid.
Tax Receipts: These would ensure that the taxes have been paid until the date of sale. You must make sure that you ask your seller for the latest original receipts in order to check the details of owner’s name along with the tax payer’s name and date of payment. If your seller does not have the tax receipts, you are allowed to contact the municipal body by using survey number of the property in order to confirm the ownership. Other bills like water and electricity bills are also need to be checked.
Completion Certificate: This will be issued by the municipal authorities stating that building is in compliance with rules and is built according to the approved plans. This is very important at the time of purchasing
Occupancy Certificate: An inspection will be performed by the authorities when the builder is applying for this certificate in order to ensure that the building is meeting all the norms that are specified. In simple terms, the certificate would certify you that the project is ready for occupancy.
Though, it is important that you check for all the aforementioned documents while buying a new home, it is also essential to have a property lawyer vetting for these documents.

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