Mutation of property in name of seller is necessary
2) registration of flat has to be done in name of seller
3) then only should you buy flat
Want to buy one leasehold housing society flat at Rajdanga,Kasba,Kolkata. Seller donot have registration or mutation in his name. He has share certificate. Can I purchase this flat from him or he has to do registration in his name and then sell the property. Please advice. Thanks.
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What are the documents required from seller for purchase of leasehold housing society flat at Kolkata added area in kmc
What is the role housing society body ? Should they be a confirming party?
Mutation of property in name of seller is necessary
2) registration of flat has to be done in name of seller
3) then only should you buy flat
See the seller needs to take permission from housing society just the formal one and can sale the flat through valid sale deed and transfer share certificate in your favour.
I think the proeprty is old you need share certificate and the agreement by which seller recieved the property.
1. It is a leasehold property for which there can be no convey of title.
2. He can convey the lease right to you if that is permitted in the initial lease agreement he had signed with the leasor.
3. The lease deed is required to be seen for giving proper advise.
1. The lease deed based on which the said person has taken possession of the said flat is the prime document to be checked.
2. The property is required to be searched and search report obtained.
3. The possession letter, mutation certificate and the share certificate is to be collected.
4. The agreement based on which the said society has been formed is also required to be verified.
1. You shall have to obtain a letter from the secretary of the Society confirmingt that there is no dues pending in favour of the current lease holder and also that the Society has no objection in your buying the leqase right from him.
2. Society will not be the confirming party. It will isse NOC only.
If the vendor has no title to the property then it would be illegal for him to sell the property and it is absolute waste for you to buy this property from a person who has no title or rights or interests in the property.
Let him produce the title documents to prove his title to the property after which you can decide about buying it.
Firstly you dont venture into purchase of a leasehold property.
Ask him to convert the same to freehold property after which you may obtain all the tax paid receipts and other relevant documents standing on his name to prove his marketable title to the property.
You may consult a local advocate and obtain a legal opinion which will cover all the documents that are required to be produced by the seller to the buyer.
Housing society has nothing to do with the sale of individual's property except if they would be required to give NOC.
1) check whether seller has original documents of title
2) obtain NOC from society
3) no dues certificate
4) check whether seller has original share certificate
Share certificate is not a document of title. Title to a property originates from the sale deed. Do not buy the property if he does not have a sale/conveyance deed.