Yes,
Every single document from the origin of property - original chain of documents, CC, OV and non encumbrance certificate issued by sub registrar office.
DOcuments reuiqred
I want to purchase a flat jointly with my sister in 75:25 ratio. The project has not gotten sanctioned yet, it is still in process. The Booking amount is at 30%. The builder had given me the property tax paper to verify land/property details with the Assessee number. This is under Kolkata Municipal Corporation. 1. Can I book a flat here by paying via cheque? 2. What are the documents I require from the builder BEFORE booking to check? 2. What are the documents I require from the builder DURING booking?
Asked 4 years ago in Property Law
Religion: Muslim
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11 Answers
1. Without scrutinising the property title documents, it may not be advisable to pay the booking amount.
2. You may have to obtain registered title documents, link documents, encumbrance certificate, tax paid receipts, NA conversion/plot approval letter, and all other relevant documents as advised by your advocate.
3. All the above are to be vetted by an advocate for rendering a legal opinion to confirm the genuineness of the property.
Check the following things before book a flat
- Sale Deed/Title deed /Mother deed/Conveyance Deed
Iit also acts as the main property document for further sale by the buyer as it establishes his proof of ownership on the property. Why it is required: To establish the ownership of seller on title of property
RTC Extracts
R.T.C is issued by the Village Accountant. It contains details of the extent of land in a survey number or a sub-survey number, the extent of kharab land therein, the names of the present and previous owners, their respective holdings and names of the tenants. It also include details like the kind of soil/crop, any mortgages, charges made on the properties contained therein, the status of land (whether Inam land or not), the conversion order number, date in case any property converted therein from agricultural to non-agricultural use, the references to mutation and inheritance certificates where there is any change in ownership etc.
Why it is required: To establish the Title of Land, if the property is located on converted land e.g. converted from agricultural to non-agricultural use
Katha Certificate and Extracts
Khata certificate is required for two reasons: For registration of a new property and for transfer of any property. Khata can be obtained from the Assistant Revenue officer (of the respective area). This certificate is must have for any property owner.
Khata Certificate is obtained for any new registration after paying the tax. Khata certificate is issued stating that a particular property No ‘N” is in the name of person X. This certificate is required to apply for water connection, electricity connection, trade license and building license. The Khata certificate is given only to the owner of the property or to his family members. No one else can take it on his behalf.
Why it is required: For transfer of property
Mutation Register Extracts
Mutation Extract issued by the Village Accountant or Tahsildar contains the extract from the mutation register or inheritance certificate with details of previous owner, the present owner, the mode of acquisition of the property, the total extent of the property and the order stating that the Khatha of the property may be transferred to the name of the present owner.
Why it is required: To establish the Title of Land if the property is located on converted land e.g. converted from agricultural to non-agricultural use
Joint Development Agreement
An individual landowner and a builder may enter into a JDA. The key feature of a JDA is that the landowner will contribute land and the builder will undertake development activity on it. Depending upon the land price, the joint development ratio is decided among the parties. In most of the cases, the builder will agree to allot X no of flats to the landowner and there is no exchange of money between landowner & builder. In consideration of this, the landowner will part with his share of land in favor of the builder or his nominee. He also allow the builder to construct apartment on his land and sell the agreed number of flats.Why it is required: To establish whether original title of property rests with the Builder or with
Building plan sanctioned by the Statutory Authority
Description of Document: The building plan approval process relates to the issue of permission for the construction of buildings based on specific set of rules and regulations.Why it is required: To establish whether the property is authorized or unauthorized
- NOC from Electricity Deptt/Pollution Control Board/Water Works/ Air Port Authority
Before starting the construction, builder requires NOC from all key Govt Departments. In some states NOC from at least 19 departments are required ranging from Pollution Control Board to Fire & Safety etc. For example If builder does not get NOC from Electricity Deptt then in all probability, buyer will not get electricity connection thus 100% dependency on generators. It will increase maintenance bill drastically.Why it is required: To ensure Govt approvals are in place
Allotment Letter from the Builder/Co-Operative Society/Housing Board/BDA.
While availing Bank Loan to buy a property, Builder/Housing Society issues an Allotment Letter to the buyer which contain details like description of the said property being sold/bought by the two parties. It also mentions the amount of money which buyer has paid to the builder/housing society so that remaining amount can be financed by the bank.
On the basis of this Allotment Letter, banks finance the balance amount.As such the Allotment Letter also gives all the pertinent details of the Property being bought/sold and also detailed specifications of the Project.Agreement of Sale is documented on a Stamp Paper whereas Allotment Letter is issued on Letter Head of concerned authority.
Allotment letter is only issued to 1st owner by builder and subsequent owners can demand copy of original allotment letter from previous owner
Why it is required: For Description of Property & Project specification by Builder or Housing Society
Sale Agreement between Builder and 1st Owner
It is very imp property document. The Sale Agreement must contain the liability of the Promoter/Builder to construct the building according to the plans and specifications approved by the local authority. It should also contain tentative possession date, price to be paid by the purchaser and the intervals at which the installments towards the full payment are to be made specifying the stage of construction. It also contain details like the precise nature of the body to be constituted of the persons who would take the flats i.e. association, details regarding the common areas and facilities. It specify the percentage of undivided interest in the common areas and facilities pertaining to the apartment agreed to be sold & a statement of the use for which the apartment is intended.Why it is required: As mentioned in Description
Construction Agreement between Builder & 1st Owner
The construction agreement is another imp property document. It is essentially a works contract. In other words, it’s an agreement in writing for the execution of the work relating to the construction of the apartment and it also involves the transfer or sale of the goods involved in the execution of the contract. The nature of this contract is such that a person undertakes to execute work by incorporating various items, things and goods in such work. When completed, these items along with the executed work are owned by the person for whom the work has been executed.Why it is required: As mentioned in Description
Copy of possession letter from the builder
Description of Document: It ensures that possession of the said building is being delivered to the purchaser on the effective date specified in the letter.
- If any loan on the property (Current or past) / Original Property Documents with Bank
Description of Document:
- List of original property documents with sellers Home Loan provider.
- Closure letter with penalty (if any).
- If the loan is closed then copy of closure letter / NOC issued by the concerned bank.
Why it is required: To ascertain that property is not mortgaged
Approved plan of construction/extension & license for construction.
Description of Property Document: Before starting the construction, Builder obtain approval from local development authority for construction.Why it is required: To ensure building has approval in place for construction
Sanctioned Layout Approval plan
The layout plan should be approved by the local development authority. In the absence of this you could face Khata transfer and plan sanction problems. The development authority has a right to demolish the apartment and restore the land to status quo ante if layout approval plan is not in place. The title of the site itself can be fairly safe (if property documents are clear) but the development/construction activity can be unauthorized.
It is never advisable or prudent to go for purchasing property without getting the title papers checked by an advocate.
Ask for all the papers which are related to title of the property like sale deed, development agreement, power of attorney, tax receipts etc.
Consult a local advocate who would guide you on clear title of the property and the papers required to be checked.
The exact details of the flat.
A timeline of when it will be completed and various stages of completion.
Yes you can pay via cheque.
A map of the place and the scheme under which it os being constructed.
A draft contract with the builder.
1. See you can ask for copy of approved plans and approvals and can verify same after that you can book said flat by paying the amount.
2. You can ask for copy of conversion order, permission of construction and approved plans.
3. You need agreement of sale and the receipt of payment.
1. Yes.
2. You should wait for sanction.
3. You should execute registered agreement to sale.
4. You should check the development agreement if any along with all other requisite permission he has.
5. Also his rera registration
Never purchase flat where building plans have not been sanctioned
insist on sanctioned plans , commencement certificate issued by muncipal corporation
Take 30 years title search
obtain legal opinion that title is clear and marketable and then only purchase flat
You can pay through Cheque.
If building has no OC it would imply building had not been constructed as per sanctioned plans.
Municipal corporation can demolish unauthorised construction.
Banks are reluctant to give loans to flats in buildings which don't have OC /CC.
1) No. Since there is no sanction it is not advisable.
2) You need to obtain permit, sanction plan.
3) You need to check the title flow i.e., the ownership of the property under consideration i.e., the title flow to be without disturbance for at lease 30 continuous years.
4) To have total clarity, get legal opinion / carry out due diligence of the title flow with the help of local lawyer.
1. Yes you can book flat by paying booking amount through cheque.
2. You will only require copy of PoA or agreement developer or builder have with owner of land.
3. The agreement of booking should be registered.
