• Index of charges for builder

I am planning to buy a under construction flat via an assignment deed. For legal verification, I have advised to get the Index of Charges for the builder (Sobha Limited) issued by Registrar of Companies. Is this something that is critical and how will it be interpreted?
Asked 12 days ago in Property Law
Religion: Hindu

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8 Answers

Looks like you are purchasing this property on loan.

In such cases the creditor while rendering financial assistance look for financial health of the seller.

It is nothing serious and a matter of formality.

The charge on company is available online in public portal. 

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

If you are planning to buy a house proeprty it is always advisable that you obtain a proper legal opinion from an experienced lawyer before venturing into it

An Index 2 is a document that serves as an official record that contains crucial information regarding a property transaction, including the names of the buyer and seller (or other parties involved), a description of the property in question, the date of the transaction, as well as the registration number.

To access Master Company/LLP Data click “View Company/LLP Master Data” link; to view Index of Charges, click 'View Index of Charges'; and to access signatory details, click on 'View Signatory Details' on the left hand side of this page. Enter the Company/LLP Name or CIN/LLPIN of the Company/LLP.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1)Generally we see charge on mca portal to analysis the following matters: 1. To see the amount of loan taken by Company. 2. The details of property on which the company has its ownership.

 

3) the total indebtedness  of company 

 

4) the name of bank from which loan was taken 

 

5) liability position of company 

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

If project is RERA registered then you can check and verify from RERA authority and their site. Registrar of companies have nothing to do with charges.   

Siddharth Srivastava
Advocate, Delhi
1279 Answers

5.0 on 5.0

Assignment deed doesn’t give you ownership rights and only assignment is given to you. Get the same registered also

Prashant Nayak
Advocate, Mumbai
32148 Answers
185 Consultations

4.1 on 5.0

Dear Client,

Yes, it is very important to download the index of charges for the builder, Sobha Limited, from the Registrar of Companies. It shows details on any claims or legal liens on the builder’s property that include the under-construction flat that you are planning to purchase. This assists in establishing that you are unaware of any pending legal or financial issues that may hinder your ability to own the property.

Interpreting the Index of Charges involves checking:

Whether there are any liabilities, such as loans or mortgages, that are still possibly owed against the builder’s property.

If there are several charges, their sequence as well as the priority of the charges are mentioned. to make sure the particular project is not rendering the flat a security.

If the index includes existing charges, then it is very crucial to confirm that the mentioned charges will be dropped at the time of payment only. It is important to do this so that if any legal or financial problems occur in the future, they can be addressed before it’s too late.

Anik Miu
Advocate, Bangalore
9191 Answers
111 Consultations

4.7 on 5.0

The Index of Charges maintained by the Registrar of Companies reveals the details of a company's assets charged or encumbered to its various creditors. As such, it is a vital document as required for legal verification.

Swaminathan Neelakantan
Advocate, Coimbatore
2839 Answers
20 Consultations

4.9 on 5.0

- From the website of Ministry of Corporate affairs , you can get the complete details of the said builder and its projects . 

- But, if the builder has provided other details pertaining to the flat which you are going to purchase i.e. approval letter,  Building approval plan, Commencement Certificate (For under construction property),  Khata Certificate and Khata Extract, Encumbrance Certificate (EC), Betterment charges receipt etc. , then no need for getting the index of charges of the builder. 

Mohammed Shahzad
Advocate, Delhi
13529 Answers
201 Consultations

5.0 on 5.0

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