• What things to be considered while buying or renting property

1q) I'm planning to purchase a property like a villa in a gated community, what documents should I ask for to verify?
2q) Will I be a permanent owner when I'm buying in such communities such as flats or gated community because they mentioned the type of ownership as freehold
3q) I have given a shop on rent/lease ( for the period of 20years) to a big company will there be any chances ( or rule in favor to the company ) for the company to claim the property as theirs If I don't claim in the duration of 12 years
Asked 3 days ago in Property Law from Bangalore, Karnataka
Religion: Hindu

1. The approved plans the title documents of property , mutation in government records.

2. You need to verify the documents.

3. See it is under agreement company cannot claim there ownership it's possession under valid agreement. The company has no right.

Shubham Jhajharia
Advocate, Ahmedabad
23447 Answers
94 Consultations

5.0 on 5.0

1. Whenever a immovable property is purchased, a proper Title-Search Report should be obtained from a Property Lawyer, who would scrutinize the Chain of Agreements, Claims by legal heirs or govt. departments or from Society /Association, mortgage details etc....

2. Free Hold properties can be purchased by ANYBODY and the purchaser becomes the absolute title-owner of the property for all futuristic legal purposes.

3. IF proper stamp duty paid and registered Tenancy agreement is executed for any given period of time, THEN the Tenant cannot claim any type of adverse possession for the Tenancy period undergone, in any manner whatsoever.

 

Hemant Agarwal
Advocate, Mumbai
3939 Answers
21 Consultations

5.0 on 5.0

1. There are various documents that are to  be scrutinised and possessed or vetted by a legal adviser or a lawyer before buying the porperty.

The lawyer will give you the list of documents to be procured from the seller / builder  for considering the purchase. 

The documents will depend on the nature of the property being sold as well.

2. Freehold means it is free and not leased property hence the buyer becomes an absolute owner.

3. No, if the rental/lease agreement was done by a registered document.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

A) Regarding purchase of a Villa in a Gated Communicty, ask for all the title documents, approvals, NOC's from statutory authorities, Commencement Certificate and Occupancy Certificate, conversion certificate, change of land use certificate, Sanctioned building plan-Master copy, this apart, find out if the project has received the approvals from any nationalized bank/s or financial institutions. whether the project is BMRDA approved and if the plots have E-Katha.

b) In your case, you have let out the shop premises on rent (for a block period of 20 years), yours is permissive possession with rental agreement. In cases where there is no agreement and the occupant is undisturbed for a continous period of 12 years or more, he can claim adverse possession. Not in your case. Hope the rents are being paid timely by the company. In case of default do not hesitate to issue a written notice (yourself) to pay the dues within time. do not wait for more than 2 months to issue such a reminder.

Kiran N. Murthy
Advocate, Bangalore
1259 Answers
178 Consultations

5.0 on 5.0

1) check whether original documents of title are with seller 

 

2) check whether property taxes have been paid till date 

 

3) check whether completion certificate and OC has been issued 

 

4) take 30 years title search 

 

5)  if no society is formed of villa owners sale deed with builder would make you absolute owner of villa and land on which villa has been built 

 

6) company cannot claim ownership of rented property 

 

 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

1) You can purchase this villa kindly verify all mutation documents from last 30 years ownership and previous & current owner agreement for all terms and conditions.

 

2) Kindly check terms and conditions from gated community has passed to new ownership rights in therir AGM or created any by laws for seller and new ownership.

 

3) Kindly mention all terms and conditions between licensor & licensee plus don't mention rent word in this agreement instead you have to mention licensing fees then they can't create any ownership on property. secondly on plan blank possession hand over without date a signature of company director or the name of party name in the agreement.

Ganesh Kadam
Advocate, Pune
9303 Answers
77 Consultations

4.9 on 5.0

you need to check the registered sale deed for title. You can inquire about the encumbrance if any on the said property by checking encumbrances on the same in the office of sub registrar. for further safety you can seek indemnity bond from the seller.

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

Hi

No that company cannot claim your shop for ownership. 

Yes you will be the permanent owner in the gated society. 

Just confirm the society registration documents before buying the villa there. 

If you are buying the villa from some owner and not the society directly then confirm the ownership title of the property. 

Thanks

Rahul Jatain
Advocate, Rohtak
1304 Answers
3 Consultations

4.9 on 5.0

Copy of every single document from the origin of property and non encumbrance certificate.

Yes absolute owner. 

However longer the tenancy is, your title is intact.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

1. Ask them to provide me a copy of chain of title deed.   Get the same verified from local lawyer with original documents.   Ask them to show the originals to your lawyer.

2. Yes, however go through the buyer agreement also and get it read over from your lawyer.

3.  After 20 years, you would remain owner.   The company cannot claim their right over it after 12 years.   12 years are for those properties where there is no owner of the property is traceable and the occupant is claiming  his right only on the basis of possession for the last more than 12 years.   

 

 

Dalip Singh
Advocate, New Delhi
556 Answers
12 Consultations

4.9 on 5.0

I.

1. Mother Deed.

2. Encumbrance Certificate.

3. If the project is developed by the builder on someone else's property, then Joint Development Agreement and POA.

4. Conversion of land from agricultural status to non-agricultural residential status, if earlier the land was in agricultural status.

5. Sanctioned Plan from the statutory authority.

4. Khata of the property.

5. Latest tax paid receipt, etc.

 

Ii. After registration of the property in your favour, you will be the Absolute Owner of the property. Freehold property means that the property is unencumbered and there is no charge created on the property.

Iii. Company which has taken your property on rent since 20 years cannot claim the property as it's own if there is a registered rental agreement between you and the Company.

   

Shashidhar S. Sastry
Advocate, Bangalore
2434 Answers
159 Consultations

5.0 on 5.0

1. you can ask for the property title, search report, previous chain of sale deed, mutation, approved map, etc,

better to consult a local lawyer

2. once the sale deed is registered in your favour, you will become an owner

3. if the rent agreement is executed and registered and you are getting the rent, then the company is mere a TENANT

Suneel Moudgil
Advocate, Haryana
1713 Answers
3 Consultations

4.7 on 5.0

Dear Sir,

You are suggested to check title documents, documents related encumbrances, loan etc. After due registration and getting the occupancy certificate, you will be the permanent owner without any hassle. In case of rent, you are suggested to get the rent/lease deed renewed periodically as required and have a definite clause "that tenant/lessee shall not claim any ownership or rights on property due to any reason whatsover"

 

Ganesh Singh
Advocate, Delhi
3501 Answers
9 Consultations

4.5 on 5.0

Dear Sir,

My answers are as follows:

1q) I'm planning to purchase a property like a villa in a gated community, 
what documents should I ask for to verify?

Ans: You just ask them to give booklet containing all the relating documents then
ask the legal expert to verify and he will suggest accordingly. Many Villas are contracted
on Revenue Lands without conversion.

2q) Will I be a permanent owner when I'm buying in
such communities such as flats or gated community
because they mentioned the type of ownership as freehold

Ans: Normally the answer is yes. You have to get change the entire property
in your name with land and buildings.

3q) I have given a shop on rent/lease ( for the period of 20years)
to a big company will there be any chances ( or rule in favor to the company )
for the company to claim the property as theirs If I don't
claim in the duration of 12 years

Ans: It must be registered then you will have no problem. It get authenticated resolution
from the company.

Kishan Dutt Kalaskar
Advocate, Bangalore
5008 Answers
158 Consultations

5.0 on 5.0

A. You will get set of documents legal file towards project or respective survey number which villa carved out of the same once you booked the Villa if the project is ongoing project. On verification of project or relevant survey number documents along with projects approval, NOCs etc,  Owners will be asked more documents in the event of any issues found for more clarity. 

 

B. In any project, two crucial part viz,

   1. Legal documents relating to Land which your Villa formed and constructions happened.

   2. Legal documents relating to Constructions permission, plan approval, conversion, NOCs etc.,

 

C. Once your property documents are satisfied as per your legal counsel, on execution of Sale Deed in your favor, you will become absolute owner of the property subject to compliance of Association Bye Laws and Rules & Regulation.  You have to check the EC as to whether the project has any mortgage loan to complete the construction and cleared the same before handing over the possession of the property?

 

D. Law of Adverse possession i.e 12 years does not apply to your rented property. I hope you rented the premises by execution of Lease Deed by paying sufficient stamp duty and registered the same before Sub Registrar office. Therefore, the Company cannot claim the rented premises. 

 

As far as the property title verification is concerned, you need to get clarify from the property lawyer. 

 

 

 

 

 

 

B.T. Ravi
Advocate, Bangalore
891 Answers
85 Consultations

5.0 on 5.0

1. Before purchasing the said property, you should take a photocopy of the sale deed including previous chains  and check properly, whether the seller is a rightful owner of the said property and confirm the same from the office of registrar as well. 

- Collect latest property tax receipts, water- electricity paid up bills,

- Further collect information relating to the freehold right from the competent authority , and if possible , take help from a local lawyer as well. 

-  And also documents relating to Constructions permission, plan approval, conversion, NOCs etc.

2. Under a Freehold property, the owner of such a property has the right to use it for any purpose, in accordance with the regulations of where it is located.

- Hence, your ownership will be permanent , and you will have all right to use the same as per your wish , and further for selling the same , you need not to obtain any legal approval from any authority. 

3. If the Lease deed is properly stamped & registered , and the proper clauses are mentioned regarding the tenancy, then no-one can challenge your ownership, and further Law of Adverse possession of 12 years not applied in your case. 

Mohammed Shahzad
Advocate, Delhi
1789 Answers
27 Consultations

5.0 on 5.0

1. You should ask owner to provide copy of sales deed, NOC from society for transfer of ownership and encumbrance certificate of property.

2. Yes you will be permanent owner of the property. 

3. No there will be no chance of company claiming ownership of property if you have leave and licence or rent agreement with company.

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

before buying

before Buying Property

Sale Deed

Mother Deed

Building approval plan

Commencement Certificate (For under construction property)

Conversion Certificate (Agricultural to Non-Agricultural land)

Encumbrance Certificate (EC) 

 

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

1) Copy of Bye laws of society, Title flow of your vendor alongwith original title deeds.

2) Once the same is transfer by getting the same registered in concerned sub registrar by paying requisite stamp duty, you will be the owner.

3) No, the rent / lease deed is enough, wherein, the property is given on rent / lease for 20 years. 

Your apprehension of not claiming for 12 years does not have any impact on your rent /lease, it does not apply to you. 

The said concept is called "Adverse possession".  In your case it is clear rent / lease for 20 years.  

S Srinivasa Prasad
Advocate, Hyderabad
1392 Answers
6 Consultations

5.0 on 5.0

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