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  • Property documents

I am planning to buy a flat in 12 years old appartment in Hyderabad. Seller don't have any documents like Link Documents, Plan, Approvals with GHMC except Sale Deed. 
Buyer is saying that, couple of months back, one buyer is got loan from a private corporate bank to buy another flat in same appartment and need not worry about document and approvals as Bank's legal department will check all the necessary documents before approving loans.

Am not sure whether the statement is s correct or not. Is there any challenges if I buy the flat without all necessary documents
Asked 7 years ago in Property Law
Religion: Christian

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8 Answers

The seller of the flat needs to provide you with all the original documents related to the flat to be sold. The original sale deed also known as the mother deed or parent deed is one of the most essential documents that need to be checked before purchasing the flat.

This mother deed or original sale deed traces and evidences the origin/antecedent ownership of the property from the beginning, in case the property has changed various hands. Mother Deed also helps in smooth selling of the property by establishing the current ownership.

However, if the original Mother Deed is missing, one should obtain the certified copies from the registering authorities.
 
 Other documents that are required to be checked are:
 

  1. Sale deed (present Title deed) in name of present seller.
  2. Encumbrance Certificate from date of purchase till date
  3. Latest tax receipt and electricity bill & receipt for the said flat
  4. NOC from the society for sale of the flat and share certificates issued by the society, if any.
  5. Agreement of sale & construction executed by developer in favour of seller (original agreement with the builder)
  6. Khata certificate
  7. Sanctioned building plan
  8. Possession/occupancy certificate from builder
  9. Joint development agreement, GPA, and sharing/supplementary agreement, between land owner and builder
  10. Power of attorney ( if any)

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. If there is reference of the link deed in the seller purchase deed then you can get certified copies f the lin deed form the registration office.

2 If the title is otherwise clear then there is no harm pin purchasing the property

3. Before purchase of any property it is essential then you make proper searches in the registration office and get all the documents checks by a local lawyer.

4. Hence meet an advocate and show him all the papers which you have at your disposal.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

hello

       do not invest your money in such kind of property wherein there are no papers but only assurances.try to get hold of the person who procured a loan and perform the requisite due diligence.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that the documents are short upto certain requirements.
  2. For bank to give loan, they just need few documents with the owner.
  3. But, sanctioned plan, payment of taxes etc. are very essential requirements of the property to be called as a valid constructed one.
  4. I advice you to little enquire about the building by laws of your area, and also try to note whether the present building has it or not., otherwise, you may be in problem, if anything from the authority happen to the building.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

The seller may lure or induce you to buy with such false information.

You better obtain legal opinion from a local lawyer before venturing into the purchase.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Sir first and foremost challange is value of flat during release if no chain document is there secondly title will not be clear without link documents. Further engage an local advocate for title search and further apply for bank loan first if bank approves then only go for purchase. See if it is bank approved then there won't be any issue for future sale.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

under no circumstances should you buy the flat if seller does not have original link documents 

 

2) title of seller is not clear and marketable 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you just need original sale deed and all the original transfer documents by which the property was passed on from one party to another

the plans, approvals, etc. are all in public domain and you dont need originals of those

if a bank is financing the purchase then the bank's legal department does its scrutiny and due diligence before sanctioning the loan 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

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