• Flat paperwork

I have never purchased property and know nothing about it. 

Looking to purchase a flat from a well established big builder making a community of 1000 flats in uttarkhand. 

I live in Delhi currently and all my identity documents are of Delhi. 

Can you please guide me on the dos and donts of the purchase? 

What papers will the builder want from me? Identity documents? PAN and adhar? 

What agreements need to be signed? 

What should I check about the legal status of the flat before purchase? 

I will not require a loan, so we can omit any discussion on loan.
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

Hello,

You will have to sign a builder buyer agreement which the builder will give you also known as BBA, after signing that you will be required to pay the amount as asked by the builder. The builder will ask you to give your PAN, AADHAR and one more ID.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) contact a local lawyer

2) take 30 years title search

3) check whether title of builder is clear and marketable

4) apply for bank loan

5) bank would do due diligence and then only sanction loan

6) even if you don't need loan apply for loan . it would dissuade builder from selling flat to multiple purchasers

7) agreement for sale would be entered into wherein you agree to make some down payment and pay balance amount inX period . Check whether plans are sanctioned by municipal corporation

8) registered sale deed is entered into between builder and flat purchaser

9) builder can offer possession only after issue of OC

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Checklist For Buying A Property

1) Land titles/ construction permits/ Approvals from authorities :

2) Agreement :

3) Title clearance certificate :

4) Income Tax clearance (37-I and 230 A):

5) Stamp duty and registration:

6) Society clearance and membership:

7) Taking possession of the flat:

Checklist for buying a property

1) Land titles/ construction permits/ Approvals from authorities :

Ownership of land in favor of the builder

Conveyance of property in favor of the society

Urban Land Ceiling and Regulation Act clearance certificate, if applicable

Power of Attorney executed by the landlord in favor of the developer in case it is joint

development between landlord and developer

Permission to use land for non agricultural purpose

Original plans approved by municipal authorities (total area, number of floors, etc.)

Commencement Certificate issued by municipal authorities permitting the developer to

begin construction

Occupation Certificate issued by authorities certifying that the building is complete and

fit for occupation.

However before making any agreement do get it checked and drafted by a lawyer.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Sir it requires a detail discussion.. Kindly contact me on phone for proper guidance and consultation.. You can obtain my contact no. From my profile .. Regards Hemant Chaudhary

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. Get the legal due diligence done of the flat you are proposing to buy. Engage the services of a local lawyer.

2. You need to sign the builder-buyer agreement essentially.

3. The builder will only want your address and identification proofs. The Builder-Buyer agreement will be signed in presence of witnesses.

4. The legal status will be verified in the due diligence conducted by your lawyer.

5. Same as above. The property should be free from encumbrances and the builder must have a clear title to sell off this flat to you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Properties in the region are available in the form of villas, apartments or land with best prices, consequently attracting real estate investors to invest in the property of Uttarakhand.

The bye laws of Uttarakhand say that for non – Uttarakhand residents, they are allowed to buy land up to 300 sq. Yards (2,700 sq. Feet). There are no restrictions in buying an apartment (flat).

Visit the proposed property personally to make sure it provides exactly what you want in the way of location and proximity to amenities. Its closeness to other important areas within the town plays an important role, and hence you must choose just the right location for your holiday home.

1 Sale Deed, Title Deed, Mother Deed, Conveyance Deed

2 RTC Extracts

3 Katha Certificates and Extracts

4 Mutation Registration Extracts

5 Joint Development Agreement

6 Power of Attorney

7 Sanctioned Building plan

8 NOC from Electricity Dept. / Pollution Dept. / Water Works / Port Authority

9 Sale & Construction agreement between developer/Builder & 1st owner

10 Copy of Possession letter from Builder / Developer

11 Any Loans on Property verification

12 Sale Agreement with the Seller

13 All Paid Tax receipts

14 EC up to date for last 13 years

15 Demand letter from Vendor before disbursement

16 NOC from Society / Building

17 No Due Certificate

18 Approved Plan

19 Layout approval plan

20 Auction Sale confirmation letter from local authority

21 Release Deed if any

22 Completion Certificate

23 Occupancy Certificate

24 Deed of Declaration

Any other relevant document

Most important that you obtain a legal opinion from your own lawyer too.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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