• Can I buy pent house?

Hello
I have seen one property which is 10 lakhs lesser than the other flats in the same apartment but this property is Pent house with nice view on top floor.
What precautions i have to take before buying this pent house legally?
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) check whether building plans sanctioned by muncipal corporation 

2) check whether  building completion certificate / occupation certificate is issued by muncipal corporation 

3) check whether title of builder is clear and marketable . all original documents of property are with seller or not 

4) take 30 years title search of the property 

5) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hello,
You need to verify a lot of documents to verify that the building is legal and has good title.
Documents to be verified:

1) Parent Deed / GPA  : This is one of the most important document to trace the ownership of the land and flat. This document is is primarily to trace the ownership of the land where apartment complex is constructed.

2) Sale Agreement / Sale Deed: Sale Agreement and Sale Deed are two different things which is very often misunderstood by lot of buyers. Sale Agreement is a simple agreement between buyer and seller about the list of rules and regulations of the transactions. It is good idea to to carefully read the sale agreement before signing on it.
Sale Deed is totally different from the sale agreement.It is very important document for transferring the ownership of the property (land or apartment) from the seller. This document is registered with the sub-registrar office.

3) Khatha : If you sell/transfer your property, you should have Khatha for that property. Khata is an account of a person who has property in the city. Khatha is an account which reveals the details of a property like owner name, size of the property, tax paid, location of the property, etc. This is a most important legal document for finding the person who are liable to pay the tax for the property.

4)  Encumbrance Certificate (EC): Encumbrance Certificate is an important evidence to prove that your property is not under any liability like outstanding loans.

5) Layout Plan:It is proof that the land was  surveyed and builder or real estate person will made as layout with number of plots, park area, road, etc. and submit to the govt. authority for the approval. Govt. specifies set of rules that has to be satisfied to approve as a layout. If the submitted layout meets all the standards, then that layout will be register with the government.

6) Occupancy Certificate: Occupancy Certificate (OC) is issued by the BBMP/BMP authority to the builder after completion of the apartment.

If all the above documents can be verified in the originals you can proceed to buy. Get them verified by a lawyer locally.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. You should take all precautions to buy the said penthouse which are required to be taken for buying a property/flat in your area,

2. Proper saerch of the clear marketability of theproperty is a must,

3. Engage a local lawyer for that purpose.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1.There will not be sanctioned plan.
2. Without sanctioned plan builders would have built  the Pent house.
3. Even though such Pent houses may or may not be regularised in the Akrama-Sakrama scheme, one can take the risk of buying such properties because the rates would be lower than the other legally approved flats.
4. In Bangalore, so many builders have built Pent houses and also sold them.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Must see these documents :- 
1. Sale Deed :- transfer of ownership of the property from the seller to the builder, in many cases builder executed POA and sell out all flats through it  for saving taxes. 
2. Building approval plan:- A building plan is sanctioned by the BBMP (Bruhat Bengaluru Mahanagara Palike) without which the construction of the building is illegal under the Karnataka Municipal Corporations.
3. Conversion Certificate (Agricultural to Non-Agricultural land): With a vast amount of land being agricultural in nature in Karnataka, a Conversion Certificate is mandatory to be obtained from the legal body for the property. A Conversion Certificate is issued to change the use of the land from agricultural to non-agricultural purpose from the competent revenue authority.
4. Khata Certificate and Khata Extract:- It is an account of a person owning a property. It typically consists of (a) Khata Certificate and (b) Khata Extract. ‘A’ Khata has properties listed under BBMP jurisdiction with legal property construction.
5. Encumbrance Certificate (EC):- Encumbrance means charges in the ownership or liabilities created on a property that is held against a home loan as security. lack of this certificate you may have problem to get loan.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0