• Purhase flat in colony land

I want to purchase flat at colony land in Garia area. Please guide me what Documents are required to check before purchase the flat so that future legal complexity could be avoided.Is it possible to get  registered , mutation and bank loan in this property?
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu

1) check whether OC certificate has been issued by muncipal corporation

2) check whether property taxes paid till date

3) ask seller to obtain NOC from society for sale of flat

4) check whether seller has order given balance documents of title

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Well, since no construction of flat in colony land requires sanctioned plan getting bank loan is not permissible.In all the colony area land which is built by RR department of wb government there is an embargo on sale by the donee within specified time as mentioned in the gift deed.

So before purchasing the flat its essential that you get all the related title deeds checked by an advocate.

Feel free to contact for further assistance.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

Please note that since it is built in colony land getting bank loan might be difficult. You need to verify how the land came into possession of builder and whether he has paid up to date tax. Then you require to check whether he has title free from encumbrances and also possession certificate. Better to get consulted by local lawyer of your state since the procedure varies from state to state. If ownership is clear you can get the property registered in your name and mutated.

Swarnarka Chowdhury
Advocate, Mysore
1769 Answers
4 Consultations

5.0 on 5.0

Check title of the property.

Possesion certificate.

Occupancy and completion certificate

Tax recipt

You can also take help of a local legal practictioner for a search report and opinion.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

Before purchasing a new flat you have to check below documents

1) Land Owner mutation records property card.

2) Development Agreement with Owner.

3) Layout Plan, N.A. Land, Municipal,corporation permission, completion certificate, mutation search report of land from 1955 till date

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

Find out if the seller is having a clear and marketable title over this property.

Also, find out is the property you wish to purchase is free from encumbrances.

Engage a lawyer to conduct a title search. From the lawyer's report, you'll get a clear view on the above mentioned points.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Check the gift deed , municipal tax bill , site plan and do conduct proper searching.

Binayak Gupta Bhaya
Advocate, Kolkata
1 Answer

4.0 on 5.0

Dear Sir,

You can very well check online the various documents required before purchasing a flat. Yes, you can get bank loan on the proposed flat for this purpose you have to approach the willing banker and as per their instructions get sale agreement and then go for sale deed after mortgaging the property and getting the loan.

Kishan Dutt Kalaskar
Advocate, Bangalore
4440 Answers
112 Consultations

5.0 on 5.0

1. Has patta given given for the said land on which the flats have been constructed? Are you going to purchase it from the builder as the first buyer or buying it from the title holder of the flat.

2. Has the construction plan been sanctioned by the Municipal Corporation?

3. Does the seller has the original title deed in connection with the said flat?

4. Has it been mutated in his name?

5. Get all the title deeds including the link deeds, development agreements, mutation papers searched and also conduct court search to find out if there is any litigation or not in connection with the said property.

6. Only after being satisfied with thorough investigation about the said property, you should agree to buy the same.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

You collect copies of all relevant documents in respect of the property proposed to purchase

Produce them before a local lawyer, get his opinion and then seek second opinion if necessary.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Conduct search in concerned registry office, BLLRO and concerned civil court to know if any suit over that land is pending or not

Tathagata Sarkar
Advocate, Kolkata
9 Answers

4.0 on 5.0

Wait for issue of occupation certificate, building completion certificate then only purchase the property

2) check original documents of title , receipt of payment of property taxes till date

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

If you show the copy of the gift deed then further advice can be given.

In general copy of JDA and POA is required to be seen.

Feel free to contact.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

1. In the Gift Deed registered by the Government it is clearly written as to for how many years the donee is restrained from selling the said land.

2. Have they received the sanction of the construction plan? If yes, the it signifies that they are now eligible to sale the land or make construction thereupon.

3. However, completion certificate is required to be obtained by the builder before giving you possession of the said flat and register te title deed in your favour.

4. GST is required to be paid for buying flats.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

The land allotted as gift to the allottee shall be with conditions imposed in it restricting the sale of the same.

The property cannot be sold to outsiders.

The time limit for construction and selling the same shall be notified in the allotment letter itself.

You may better refer the matter with copies of the relevant documents to a local lawyer and then decide about going ahead.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

CC and possession certificate is important and it is received after the construction is complete.

If in the gift deed it was mentioned that after 20 years they can sell to any other party then they can sell it.

GST will be charged as per rule.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

on construction Gst of 18 % is applicable on 1/3 amount of sale.

The approved plans from the concerned municipal authority also buy once the OC and CC are issued.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

Verify the sale deed. See the title search in sub registrar office. Check the legal heirs or any Dispute in the said property.

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

I want to purchase flat at colony land in Garia area. Please guide me what Documents are required to check before purchase the flat so that future legal complexity could be avoided.Is it possible to get registered , mutation and bank loan in this property?

Engage a local lawyer who may get a title report for you.

As and when you receive the title report and the lawyer advises you to purchase the land, you may go ahead and purchase the said flat

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

1. Check the ORIGINAL Sale /Purchase Deed of the existing owner alongwith the Property Tax and Water Charges Receipts. Also find out if the property is mortagaged or loan taken.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

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