• Buying resale unregistered flat from prestige resale team

I am buying the resale property from the owner who is in Dubai 
1. What all documents are required from the owner to verify?
2. Is it mandatory that he should be present at the time of registration?
Asked 5 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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6 Answers

The owner should have a registered title document in his name 

Check if all outgoings are paid up to date

You will have to take a search from the office of the sub registrar to check whether no further rights have been created by the owner by registered documents in favour of Individuals or any bank 

The owner can comply with his part of registration formalities through his POA holder provided the POA is duly executed before a sub registrar 

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

1) check whether seller has original documents of title 

 

2) if seller is unable to remain present he should execute special power of attorney in favour of family member 

 

3) POA should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Following  are the documents to be checked…

  1. Original sale deed in favor of seller. (if sale deed is available, the risk of bank lean of property ruled out)
  2. Original sale deeds of seller’s seller and linking documents.
  3. Municipal records, as to whether property is mutated in seller’s name.
  4. Clearance of municipal dues, electricity dues, water cess, telephone dues.
  5. Whether the property self acquired by seller or ancestral.
  6. Legal heirs/sharers in the property of seller for obtaining consent of all of them.
  7. If property is newly constructed, the approved sanction plan.
  8. A public notice to be issued seeking objections by unknowns to purchase of property.
  9. Circle rate of property for payment of stamp duty.
  10. Approved layout.

Any immovable property can be sold or purchased by person residing abroad through Special Power Attorney. The procedure  is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries giving SPA to any of you relatives/friend to sell the property.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA property can be sold by person named. The SPA and sale agreement, sale deed require specific formats in such cases.

 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Besides the registered sale deed,  the copies of link document,  tax paid receipts,  the seller has to be present physically to execute the registered sale deed in favor of you. 

Before that you can get a proper legal opinion of the property desirous of purchasing now.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

It is mandatory for you to be present. You may appoint a PoA who will stand in your place. 

A non encumbrance certificate property papers. A complete due diligence on the property. A report to that effect.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir/Ma'am,

1) Documents that need to be checked-

  1. Title Deed (in the name of the seller), should be registered deed in the sellers name.
  2. Sanctioned Building Plan
  3. Commencement Certificate
  4. Occupancy Certificate
  5. Tax Paid Receipts
  6. Encumbrance Certificate
  7. Khata/Mutation Documents

2) The seller from Dubai does not need to be physically present, he can execute the sale through a GPA or SPA, the same needs to be checked for having been attested by the Indian Consulate/Embassy.

3) But as a buyer you should first insist upon the presence of the seller, if possible.

Thank you

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

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