• Purchase of resale flat

I am purchasing a resale flat in which builder have not handed over the rights to society. The society is around 10 years old .the owner of the flat is not the original tenant he has purchased the flat in 2002. As the society is not formed the seller is not paying charges to the society charges but he has given his flat on rent . What documents and enquiry should ii make collect from builder and the seller
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

6 Answers

1) check whether OC is issued by muncipal corporation

2) no dues certificate from the builder

3) NOC from builder for purchase of flat

4) latest receipt of payment of property taxes

5) take 30 years title search as to whether builder has clear and marketable title

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

If society is formed then NOC from society is required

2) no dues certificate from society

3) NOC from society

4) check whether OC is issued

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Check the sale deed of the property as it is the most important document in the chain of title. Also see that all requisite sanctions were obtained by the builder as no one can convey a title better than his own title. If the title of the present owner is defective he will pass a defective title to you. Engage a local lawyer in the process.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Resale might require dealing with some mandatory expenses like registration fees, stamp charges, transfer fees, utility transfer fees and real-estate agent fees among many others.

Sometimes, the previous owner may not have cleared the dues with the society or building management, which would need to be doled out by the new owners.The other corollaries might include minor expenses allotted towards home makeover, parking/security charges, society membership fees and a couple of other overheads.

The vital things taht are to be taken care of before buying the resale property are :

Checking the documentation carefully is the foremost thing that demands due consideration.

It is essential to check whether the seller is the true owner of the property.

It is also vital to ensure that the seller doesn't have any dues to the society, building or against the house that you may have to pay later.

It is imperative to check the physical condition of the flat before investing your hard earned money into it.

Certain documents to be confirmed are:

1.Sale deed.

2. mother deed,

3. Encumbrance certificate,

4. Tax paid receipts.

5. khatha

6. Occupation certificate,

7. Building approval plan,

8. Record of Tenancy rights (RTC)

9. Possession certificate

10. Conversion order(if any),

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Which papers are to be check with committee of building and what enqu

Besides the above list of documents, The buyer should ensure that the property has a marketable title, The buyer should check for the existing loan on the property,Loan eligibility of the buyer.

Ready-to-move apartment.In case of a resale apartment, it is always wiser to buy a ready-to-move in property with all the amenities

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Which papers are to be checked with committee of society of bldg n what enquiries r to be made both with builder n society

Buying a resale property is quite advantageous- no project delays, ready-to-move-in property and no service tax/VAT burden.

Before buying a resale property that is quite old and attracts additional maintenance charges by the society, one should meet the society’s office bearer to know more about it.

A buyer of a resale property should consider the parking space, plumbing, electricals etc.

A resale property might miss out on the contemporary features, specifications and amenities.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer