Dear Advocate Pradeep, I'm planning to buy a resale apartment in Bangalore. The apartment is bank approved, has BBMP partial O/C, registered in current seller's name, no society been formed and Khata hasn't been transferred in current sellers name. Before we confirm the deal, we wanted to inspect the title documents related to the land. The builder haven't provided certified copies to any of the occupants/ buyers. But assures that the documents are clear and certain documents will be shared with society once that is formed. Under the given circumstances, 1. Is it illegal not to share the copies of title documents with current owners? 2. How important it is to procure/ inspect the copies of title documents? Can a legal notice to the builder help us in procuring the documents? Thanks, A Sen
Builder is bound to offer inspection of title documents
2) inorder to determine whether builder has clear and marketable title to the property inspection is must
3) you can issue legal notice to builder to offer inspection of original documents of title
1. You can obtain the title document from the registration department
2. Just give the CTS no. of land to the registration agent and ask to obtain a search report
3. You can also request the bank which has approved the project to give you a photocopy set of title document against Xerox fee
4. Your seller can also require the builder to give him a Xerox set of title papers
5. Issue a public notice informing public that you intend to buy the flat and call for objections against the sale
1. Is it illegal not to share the copies of title documents with current owners?
Answer: No it is not illegal. You have all the rights to request for the copies of documents of original owners.
You can also file and RTI and obtain the same since such records are for the access to public. You can also approach the Registrar's office or the collector's office;
2. How important it is to procure/ inspect the copies of title documents?
Answer: It is important beacuase:
a. To make sure there are no third party interests are created;
b. To make sure that the previous title is not imperfect;
c. To make sure the government has not permitted the sale of it;
d. To make sure there is no court order prohibiting the sale of the property.
3. Can a legal notice to the builder help us in procuring the documents?
Answer: It is better to approach them with a written request from your side. Then issue legal notice.
Though this question has been addressed to one particular person of this forum, since it is posted in the public forum, it is open to other experts of this panel to render their opinion too, hence my opinion is as below:
1. The builder has to share the copies of the documents to the prospective buyers so that the buyer is fully aware of what he is paying for and whether it is worth the cost.
The builder may charge a nominal cost for providing the information.
2. If you do not peruse the documents then you will not come to know the genuineness of the property, hence it is important to know fully about the property desirous of purchase.
As an outsider you cannot issue a legal notice to the builder, only your seller can issue such a notice.
1. Is it illegal not to share the copies of title documents with current owners? --- After purchase, all documents should be hand over to new owner, old owner/builder is illegal possession of documents.
2. How important it is to procure/ inspect the copies of title documents? --- caveat emptor - buyer beware, must check in advance, property free from encumbrance.
Can a legal notice to the builder help us in procuring the documents? -- Only current owner, u have no right till purchased.
Advocate @AjaySethi, Sir - Builder has offered in-site inspection of the documents at their office. However, they won't share copies of the title/JDA documents of relevant survey numbers, stating their internal policies. And that's a catch. Unfortunately, most of the good advocates in Bangalore requires the copies of title /JDA/ Land record papers beforehand for scrutiny & visits the site once for the inspection of originals only. Our bottle neck here is related to procurement of copies from builder office. How do you advice to proceed in that case? advocate @yusuf - Thanks, Private banks don't provide copies of title documents / master file records to its customers. Obtaining records from BBMP/ Bangalore municipality is a time consuming efforts.
1) you need certified copy of documents
2) if builder is refusing to furnish certified copies dont purchase flat
3) as on date it is buyer market . no shortage of flats
4) ask the seller to obtain copies of these documents
1. The builder's title documents must be registered.
2. So you can easily obtain them from Sub registrar office by tipping an agent
3. If the builder is offering you inspection of the documents, then you can review them at his office by taking help of a lawyer
4. In such cases since the project is bank approved, the builder's title in all probability would be clear. Otherwise bank would not have sanctioned loan for the project.
5. You can also request the financer bank to provide you the title documents
Not only in Bangalore, but in all other places also no lawyer will render his opinion without scrutinizing the relevant property related documents.
If the builder do not furnish citing his flimsy and non maintainable internal policies you may ask your seller to produce the same, he is obliged to prove the genuineness of the property to be sold.
If there's no cooperation then you may rethink the proposal to buy the property.
Otherwise it is up to you to undertake the risk of future litigation in this regard.
If builder is not providing hard copies of the documents as requested, then inform the seller to procure it as his risk and cost (if any). Even after the present owner demanding those and the builder not co-operating then your only option would be to drop the purchase. Verifying the title documents pertaining to the land, construction, plan approvals, NOC's from statutory authorities etc., in respect of the said apartment complex is very important. If the builder is not providing these. Then as suggested drop the purchase.
You can serve a legal notice to the builder seeking cancelled copies of the title documents.
It's a general practice that document copies are crossed and provided to the prospective buyers, who, in turn get them verified. It is an absolutely Essential process, and if not followed may invite future litigations.
So, until you're satisfied as to the perfect title of the property, don't buy it.
You have right to inspect the copies. It is very important. You can send legal notice
