Ifs and buts when buying a flat, especially second sale

If it is a society then it is required to check if
            1) It is registered.

            2) Whether conveyance has been done.

If both are in place ,the following documents are required.

            1) Noc from society.

            2) copy of the conveyance deed.

            3) society share certificate.

If society is registered but conveyance not  done, then collect the following documents.

            1) Register agreement between builder and  flat owner.                               

            2) Noc from the builder and the society.

            3) Society share certificate.

            4) Completion certificate or occupation (bhogavta patva) certificate.

            5) Sanctioned plan with seal.

            6) Societies no dues certificate.

            7) No mortagage certificate.

            8) Property tax receipt.

            9) Last paid electricity bill receipt.

Also see: Key Legal Points to be remembered for any property dealing

If it is apartment condominium then the following documents are required to be collected.

            1)  Development agreement between land owner and builder.

            2)  Agreement to seel between builder and purchaser(flat owner)

            3)  Deed of declaration.

            4)  Deed of apartment (between builder and purchaser)

            5)  Completion or occupation certificate.

            6)  Sanctioned plan (or true copy of the plan attached to a previous document)

            7)  Property tax receipt, and last paid electricity bill receipt.

If there is no deed of apartment executed between builder and previous purchaser (now vendor) then the parties can execute only the  agreement to sell. moreover the vendor should state on oath (affidavit)that there is no deed of apartment previously executed by him and he has not sold out the flat to anybody.

When there is apartment condominium the Dee of apartment is an important document. This document is  executed by three parties, namely owner of the land ,purchaser(of an apartment) and developer.

Also see: Online registration of leave and license agreement

Before signing the deed at apartment the purchaser should go through it and check the following thing

1)    the title of the land owner in respect of the land on which the building is or is to

be constructed.         

2)    A certificate from an experienced advocate as to the clear  title without any

encumbrances,rights, interests  etc.     

3)    Plans and specifications of the building approved by the concerned local authority.

4)    Whether the fixtures, fittings, amenities (including the provision for one or more lifts) have been mentioned in the document.

5)    Specifications of the apartment to the he purchased. these include the floor on which it is located ,it’s No, area, etc.

6)    Registration of this deed is a must

--Advocate Avinash Chafekar