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Property buy

(Querist) 02 September 2014 This query is : Resolved 
i am leaving in gujarat, i want to buy house or flat which document is required?
M V Gupta (Expert) 03 September 2014
if it is an independent house first u satisfy urself of the owner's title to the property and if it is found clear and marketable u should obtain a sale deed and get it registered with Sub Registrar of Assurances. If u are purchasing a flat in a cooperative housing Society u should follow the bye laws of the Society and enter into an agreement for sale and register it with the Sub Registrar. File copy of the regd agreement with the Society. You should also get the share certificate transferred in ur favor and ur membership in the Society is duly recorded by he Society in its register of members. Also satisfy urself of the title of the owner of the flat.
Ashish Dongre (Expert) 06 September 2014
Add to what M.V Gupta had said,

Title deeds - Clear Title
The first step is to see the title deed of the land which you are going to buy. Confirm whether the land is in the name of the seller and that the full right to sell the land lies with only him and no other person. Don't be satisfied with the Xerox copy of the title deed. Insist on seeing the Original Deed. Sometimes the seller may have taken a loan by pledging the original deed. It also needs checking whether the seller has permitted any entry/access to others through this land and whether any other fact has been suppressed/left undisclosed by the owner of the land. It is better to get the original deed examined by a lawyer. Along with the title deed, the buyer can also demand to see the previous deeds of the land available with the seller.

Do not buy a property if the title of property is not clear. If title is not clear or marketable it will cause problem in future and financial institutes refuse to finance on such properties. You can either seek assistance of your lawyer or approach financial institutes to know whether the title of the property is clear. Your property title confers the owner of the property.

Documents
Ensure that seller of property has all documents relating to property. If possible ask for copies of original documents and get them verified by your legal advisor or lawyer.

Encumbrance Certificate
Before buying any land or house, it is important to confirm that the land does not have any legal dues. It is available as a certificate called encumbrance from the sub registrar office where the deed has been registered, stating that the said land does not have any legal dues and complaints. The encumbrance certificate for the past thirteen years should be taken or for more clarification, you could demand 30 years encumbrance certificate to be checked. If you still have anymore doubts, you can take a Possession Certificate of the ownership of the particular land, which is available from the village office.

Approved layout
Get copy of approved layout for the building from your builder or seller of property. Ensure that building plan and construction is approved by the authorities and property is listed in government register.

Ensure property is free from debt and liabilities
Ensure you are buying a property which is free from debts and all taxes are paid in time. If seller of property has taken any loan or advance on the property, ensure they are paid off and ask them for documents or copies to show that property is debt free.

Tax receipt and bills
Property taxes which are due to the government or municipality are a first charge on the property and, therefore, enquiries must next be made in government and municipal offices to ascertain whether all taxes have been paid up to date. The owner should also possess the latest tax paid receipts, which you may inspect. Enquiries should also be made in various departments of the municipality to ascertain whether any notices or requisitions relating to the property have been issued and are outstanding and not yet complied with.

While inspecting the property tax receipt, it can be noted that there are two columns in the tax receipt. Make sure that the name entered in the owner's column is correct. The second column will be for the name of the one who paid the tax. Sometime the owner may not have the tax receipt with him, in such cases, contact the village office with the survey no. of the land and confirm the original owner of the land. If you are buying a house along with the property, then the house tax receipt should also be checked. Also ensure that the electricity and water bills are up-to-date and if there any is balance payment to be made, ensure that it is made by the seller.

Intimation of disapproval (IOD)
IOD is set of instruction given by respective authorities for builders to construct the building. Normally it is valid for a period of one year and if the building is not constructed within one year’s time, IOD has to be reissued.

Water and power supply
Ensure that property you are buying has adequate water supply and there is no problem of power such as voltage fluctuation, power shortage etc. Voltage fluctuation can damage your home appliances. Ensure the availability of water and power supply.
When buying a property ensure that there is no claim on the property by authorities or government and check whether land is designated for the residential purpose. Before buying the property ensure you have good neighbors and check the reason for selling the property. Make good market research and seek expert’s service for making your decision.



Further kindly go through the following site for more clarifications:
http://blog.zamanzar.com/checklist-for-buying-a-property-in-india/

COMPLETION AND OCCUPATION CERTIFICATES

Once the constructions complete and over, builder will get completion and occupation certificates from the Municipal Authorities, which indicate that the building has adhered to municipal requirements.


Building Completion Certificate: This certificate is issued by Municipal Authorities showing whether the building complies with the rules of building height, distance from road, and whether it is built according to approved plans and is ready for habitation.


Occupation Certificate: This certificate is issued when the building is ready for occupation after water, sewage and electrical connections are complete. An original copy of the Occupation Certificate by the Municipal Corporation of the locality is mandatory. It is vital in the sense that this document confirms the possession to the buyer legally; otherwise a mere handing over of the possession will stand null and void, in case a dispute arises


M V Gupta (Expert) 06 September 2014
Mr Dongre has given full guidance reg title verification. Pl follow it.


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