• Documents required from builder for flat purchase

I am purchasing flat which has 5 floors. Builder was saying that it has G+3 permission from grampanchayat When he started construction. Now it is in municipality and builder did not take permission. He said he will take BRS. I am taking flat In 4th floor Is there any problem if i take this apartment which is located at third floor. How can i know panchayt approval is there, is there any option to verify in online. Could you please let me know documents which should ask builder to verify apartment is geniune or not.
Asked 3 years ago in Property Law
Religion: Hindu

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23 Answers

Illegal construction.very possibility of demolition in future and availing loan and resale. 

Purchase not advisable until a recognition order from municipality.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Ask builder to furnish sanctioned plans , building commencement certificate, completion certificate and OC issued by muncipal corporation 

 

don’t purchase flat if it does not have OC 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

1. GramPanchayat has no Legal Jurisdiction to give permission for construction of G+3 building.

2. The Permission is given by local Municipal authorities or by Town Planning Dept.

3. Ask certified copy of 7x12, Sanctioned Plans, and Title Search Report, thru a local property lawyer.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

you can ask for the

sanctioned plan, property title, building commencement & completion certificate, and,  OC

from the available facts it seems to be a illegal building,

AVOID PURCHASE 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

- Legally the grampanchayat having no authority to give permission for construction to the builder , and the it is issued from the Municipal authority and other competent authority. 

- Hence, you can check from the office of the municipal authority for knowing the sanction of plan etc. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Ask for copy of sanctioned plans 

 

building commencement certificate 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

Sactioned plan for 4th and 5 th floor.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

I don't think it can be verified only but same can be obtained from panchayat office by filing application

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

 - All the title documents of title of the land , Completion certificate etc. 

- Building Sanctioned Plan 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Kindly ask him that he had made application to municipality for fifth floor and RERA permission as well otherwise so not take property.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Final approved and sanctioned plan of projects, building and plot by the competent authorities is a basic document of legal structure of your flat.

Next document is ownership of land records second important document is required to be verified by you before your purchase flat in under construction building. 

Next pendency of case or suit over land or building is third important facts and points you must verify before you purchase the flat you have interest to buy it.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

without plan  approval from the competent authority the construction itself is illegal and likely to be demolished by the authority concerned at a later stage for illegal construction.

A buyer must acquire a copy of the building plan approved by the statutory body to establish that the construction of the property is legal and is done according to set rules and regulations.

There are as many as 19 NOCs that have to be acquired by a developer from different authorities while building a housing project. However, the number may vary according to specific state rules. Ask your developer to provide you the copies of these NOCs, and keep it in your personal record.

Collect original payment receipts from the developer if you are buying a new property. If you are buying a resale property, ask for a copy of receipts from the seller to be produced to the bank.

An encumbrance certificate is required to prove that the property does not have any pending legal dues or mortgages. This is one of the key documents banks ask for before they grant you a loan. 

Completion Certificate

This document is required for getting a home loan. This paper establishes the fact that the building is constructed according to an approved plan.

Occupancy Certificate

An occupancy certificate is issued by the local authority to the developer to establish the building is finally ready to be occupied and the construction has been done according to a sanctioned plan.

 

Besides, you obtain a proper legal opinion  from a local lawyer before proceeding with the purchase.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Here is a list of documents that are required for buying a property:


  • Sale deed. This is the most important piece of paper required for property purchase. ...
  • Extracts. ...
  • Mutation register extract. ...
  • General power of attorney. ...
  • Copy of building plan. ...
  • No-objection certificates (NOC) ...
  • Allotment letter. ...
  • Sale agreement.
  •  

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Permission from Municipal corporation must.  LRS scheme is going on in Telangana, it is not advisable.

Obtain Approved Sanction Plan.

Link documents and clear flow of title. 

If deviation is made, do not go purchase it.

If you take flat in fourth floor, you will be purchasing litigation.

Don't even think of purchasing the flat if deviations are made and he promises to obtain BRS.  It may not happen.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Approved plan, layout and also check if any deviation is made from approved permission and layout, if any deviation is made just ignore it, do not purchase.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You should verify whether the flat has been constructed after taking permission by applying for a copy from the tehsildar office.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

He should be able to give you the sanctioned plan of the building the sanction from the tehsildar office.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Delhi layout plan and construction plan must be approved by the appropriate authorities and it is the responsibility of the purchaser to verify all the related documents relating to the allotment of the property and its construction if the apartment is sold without proper approval in future it might be a problem to the procedure and legal action can be taken against the title holder of the property since in your case the approval for the building is g + 3 and you are purchasing 4th floor r p property your property must be supported by the proper approval and you have all the right to ask the vendor to provide it related approval from the respective authorities.

even if there is no approval the registration of the property which is situated on 4th floor can be done in the registrar office but in future if there is a problem in the property the property can be demolished by the authorities and in this case you be left with no answer to save the property only e legal action will be available to you that you can file a suit for criminal conspiracy against the builder

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. Yes there is problem in purchasing flat in unapproved or building with deviation from approved plan.

2. You can make RTI application to get details of approval for building. 

3. Copy of title deed or Joint development agreement with power of attorney if builder is selling the flat.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Client,

You may demand documents like Completion Certificate, Occupation Certificate along with ownership of land. 

You may get the Search Report from a lawyer foe the same property for confirming title and Mortgage or loan etc.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

 If you want to buy flat from builder asking him to furnish sanctioned plan, OC, CC . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

commencement certificate is required. This document helps you to check that the construction of the flat has started only after getting approval from the local authorities.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If there is no permission for 4th and 5th floor than don't buy

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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