Hi , I am planning to get a villa from the Builder in a gated community situated in a panchayat zone in Bangalore(Gunjur). Home loan is given by NBFC , tie up by builder. The Builder said the registration of the land will be done first before the construction start, so there is no confusion i believe. Keeping the above scenario, I need to know. 1. Documents to be collected by me for Land verification, the land is E katha as per the builder. 2. Documents that i need to sign/register/validate before i get into construction contract, so that the building is built on time as promised with the materials/architecture design that was told. (the money will be released based on the construction stage, so we are not handing the complete money). I am assuming that there is some document that will help me in protecting us from any deviations or incomplete/poor constructions in case. 3. Documents required after the building handover. If you will also be able to provide me legal end-to-end up to registration, share me more details. So, i can get in touch.
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1) take 30 years title search
2) contact a local lawyer he has to certify that title is clear and marketable
3) seek inspection of original chain of documents
4) get construction contract vetted by lawyer
5) it should provide period within which construction would be completed , penalty for delayed completion , quality of constriction material to be used
Ajay, I am aware of the process very clearly. I know that i need to verify so is my last statement stresses upon. My question was about the list of document as advocate that you would be looking for. Answering to the question makes more sense for such paid service.
Carry a due diligence through a competent lawyer. DM and panchayat order, sanctioned site plans, govt approvals, approvals from corporations and electricity departments. Such construction on panchayat land is illegal as such land can only be used for community of village. Further must be RERA compliant.
1) get the land size measured before registering the property in your name. Look out for measurement figures in the property documents and confirm the measurements by involving a surveyor in the process.
2)make sure that the seller has cleared all the property tax bills in the past and has receipts of the same
3). Also, keep a check for any notices or pending litigations against the property.
4) ensure that the owner has the encumbrance certificate. This certificate ensures that that the property is not mortgaged.
5)Mutation register extract provides the details of previous ownership.
1. You may obtain the copies of the registered title deed of the vendor, chain of title documents, mother deed if any, tax paid receipts, RTC extract, copy of ekhata, and any other document that your advocate may insist to verify and ascertain the genuineness.
2. You may obtain the draft sale deed, get it scrutinised by your lawyer and get his opinion with regard to any addition or deletion to protect your current and future interest through this document.
3.
There are several documents that are required to be received by the buyer from the builder after the completion and registration of the property. This is for legal record purposes and has an evidentiary value that can be presented in a Court of Law in case of disputes. Documents like title deeds, buyer-builder agreements, tripartite agreements, possession certificates, etc. are documents of great significance and mention the various property details that a buyer should be specifically aware about.
The buyer needs to confirm that the property is unencumbered or free from dues or has no mortgage on it. S/he also needs to know the break up of expenses that they have paid to the builder or developer to get ownership and possession of the house.
Only after seeing your base agreement cam advice the other details and agreements needed
Dear client,
I can provide general guidance on the documents that you may need to look for in order to ensure that your interests are protected:
Documents to be collected for land verification:
Sale deed of the land in favor of the builder
Conversion order from the competent authority
Latest tax paid receipts
Encumbrance certificate
Khata certificate
RTC (Record of Rights, Tenancy and Crop Inspection)
NOC from the competent authority (if applicable)
Documents required before getting into construction contract:
Agreement to sell between you and the builder
Construction agreement between you and the builder
Building plan approved by the competent authority
Specification of the materials to be used in construction
Payment schedule
Documents required after the building handover:
Completion certificate issued by the competent authority
Occupancy certificate issued by the competent authority
Sale deed in your favor
Khata transfer certificate
NOC from the competent authority (if applicable)
It is advisable to engage a lawyer who can review the documents and ensure that your interests are protected at every stage of the transaction.
Dear Sir,
You may purchase the property subject to fulfillment of following conditions. For more details visit the link.
12 Important Documents To Check Before Buying A New Property
1. Sale Deed:
A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is important that before the Sale Deed is executed one should execute the sale agreement and should check for compliance of various terms and conditions as agreed upon between the buyer and the seller. Before executing the Sale Deed, the buyer should check whether the property has a clear title. He/she should also confirm if the property is subject to any encumbrance charges.
* A seller should settle all the statutory payments such as property tax, cess, water charges, society charges, electricity charges, maintenance charges etc., (subject to the agreement) before executing the Sale Deed.
Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities. Mother Deed includes the change in ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a missing sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents. The sequence should be updated until the current owner.
2. Building approval plan:
A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP (Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region Development Authority) or BIAPPA (Bangalore International Airport Area Planning Authority) without which the construction of the building is illegal under the Karnataka Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the jurisdictional Commissioner or an officer authorized by such Commissioner. However, the authorities sanction a building approval plan based on the zonal classification, road width, floor area ratio (FAR) and plot depth. A set of documents are required to be submitted by the owner in order to obtain a building approval plan. The documents include- Title Deed, property assessment extract, property PID number, city survey sketch (from the Department of Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned plans (if any), property drawings, 2 copies of demand drafts, foundation certificate (if any) and a land use certificate issued by the competent authority (viz., Dy. Commissioner). It is mandatory that the building owner hires a registered architect who will draw a plan meeting the applicable bye laws. One can get a building approval plan within 4-5 working days if all the requirements are met, via the newly invented BBMP software- Automated Building Approval Plan.
