• What do keep in mind while doing registration of under construction property

Recently I have booked a flat in under construction property in Mumbai. Now I need to do registration of that property. So my question is, What do i keep in mind while doing Registration of under construction property? What is the full process? When I get agreement of property from builder? And do I need to consult any lawyer before signing agreement?
Thanks in advance
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Yes first of all of course consult a local lawyer.

Secondly see whether the buildings plans are approved or not ??

Completion period the builder is agreeing should be mentioned in sale deed.

The terms and consideration of sale.

Total consideration amount.

It is should be specifically mentioned that builder shall provide OC and CC on completion of flat if not then he shall refund amount with interest and damages.

You need to visit the office of subregistrar before that get sale deed drafted and you have to pay requisite stamp duty and registration fees on that.

If still agreement to sale not entered first enter into agreement to sale that is also registered than on completion enter sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

Ask builder to furnish copy of agreement in advance

2) get it vetted by Lawyer

3) check whether building plans sanctioned commencement certificate issued

4) date of delivery of possession is mentioned

5) clause for payment of penalty by builder fir delayed possession

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

This is my response to you:

1. You must engage a lawyer before you finalize the registration of the flat;

2. The Registration can be done only after the builder has procured the CC/BCC, OC and other clearance certificates etc.;

3. The documentation should be done in a procedural manner, it is better to consult a property expert/or lawyer;

4. The registration will only be complete after you pay stamp duty etc.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes its always better to consult a lawyer before executing any legal document. You will have to keep following things in mind before signing the agreement to sale whether:-

1) The builder has RERA registration.

2) Payment schedule is commensurate with the progress of construction.

3) Date of completion of construction is fixed and mentioned in the agreement.

4) All the internal & external amenities are mentioned in the agreement.

5) The builder is owner of the land.

6) He has got permission of all government authorities.

7) The building plans are approved.

8) There is no loan taken by the builder on the said land and building.

9) Any bank has approved the project for giving loan to the flat purchaser.

Vinaykumar Kherodkar
Advocate, Navi Mumbai
24 Answers
1 Consultation

4.8 on 5.0

It is always better to hire a Advocate, which checks all your papers and documents.

Now after RERA the process is given in the act.

1. 10% of the amount will be taken as booking amount by the builder.

2. payment of stamp duty and registration . in mumbai its 6%

3. Register your AGREEMENT TO SALE at sub registrar office.

4. pay the rest amount as per your terms and conditions defined in agreement to sale.

5. Execute sale deed and take the possession of the flat, after the builder has taken the cc and oc by the municipality.

6. Formation of society and Conveyance by the builder.

Girish Bhambhani
Advocate, mumbai
24 Answers
1 Consultation

4.0 on 5.0

Yes, even now also I advice you to show all the documents to a lawyer so that if there is any clause which may put you in problem later on in future can now itself be taken care off.

Go for the site visit regularly to have eye on the progress.

Agreement can be received at the moment when you entered upon it and get the sale deed registered.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. After coming into force of RERA, the builder is required to upload all the approvals and permissions obtained by him from competent authorities on rera website. So check if all approvals are in place like commencement certificate, intimation of disapproval, sanctioned plans, noc from fire authority, noc of green or forest tribunal, noc from aviation authority, noc from landowner like CIDCO, lease deed or conveyance deed or development agreement in builder's favour, title certificate issued by advocate, NA permission if any, etc

2. It's important to check that builder has proper title to the land on which he is making construction

3. Check the carpet area details of your flat, services amenities and facilities, consideration clause and mode of payment, date of handover of possession, defect liability clause, etc

4. If you are buying separate car park then check if the car park reflects in sanctioned plans. Check what type of car park you are buying, whether stilt or garage. Open car parks are common amenities and not saleable as such.

5. Also check what all is included in carpet area of your flat. There is some confusion whether balcony area should be included in carpet area or not. Rera says it is to be excluded whereas DC rules include the balcony in carpet area. So clarify that from builder

6. Check the sanctioned plans and locate the refuge floor. If you have booked a flat on higher floor then check if noc of aviation authority is in place for building height restrictions

7. Check if your agreement is as per rera model format. Many dishonest builders do not follow rera format.

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

You cannot get the property under construction registered by a executing a sale deed.

You can enter into registered sale agreement with the builder/vendor.

You get a draft sale agreement copy, produce it before an advocate in the local along with the relevant papers/documents, get a legal opinion and then proceed if recommended for purchase.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Dear Client,

Make sure to collect all the original document from builder and no encumbrance/tax due/penalty etc clause in agreement.

Execute sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

Hello,

Get the agreement checked by some lawyer.

Registration will be done after the property is constructed.

As of now the builder will enter into a builder buyer agreement with you.

Regards

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

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