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MonuDeepPune (Service)     12 August 2009

Buying a flat from builder

I plan to buy a flat from builder. The building is ready and he has given possesion last year. Only one flat was at hold and now builder is selling that. I plan to take home from SBI. Below are my queries.

1. The project is not approved by SBI but by other banks. Is it mandatory to get the project approved? Builder says no one used to take from SBI earlier so approval is not there.

2. If I go for agreement and then apply for loan what documents should I check from builder? SBI will do a search and title after agreement but before that what all should I check?

3. What is difference between Agreement to Sale and Sale deed? Are both required and when is Sale deed done?



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 5 Replies

aruntrivedi (lawyer)     12 August 2009

3. agreement for sale is one kind of agreement of promise regarding its owners where time limit value and no encumbrances shall be created by owner including promise of payment and its installments, if there, shall be there, which is being made under Stamp value of Rs. 100/- and it can be made notarized before notary public, while Sale Deed is Deed of Actual sale and occupancy of possession and payment of entire value and it needs to be Registered with Registrar of Assurances and requires to be adequately stamped and you have to pay registration fees and also Index in Form No. 2 shall be issued as proof of transfer of ownership. This is proof of sale/purchaser of property and same shall be considered with all Government-Semi-government authority for transfer of property in your name.

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MonuDeepPune (Service)     12 August 2009

Thanks for answering point #3 for me. If someone could get my other questions 1 & 2 answered it would be really great. This forum is amazing.

aruntrivedi (lawyer)     12 August 2009

2. copy of village form No. 7/12 for land, copy of all village form No. 6 statement of rights, and as per statement of rights copy of all past transfer/sale Deeds or other deeds, Sale Deed for purchase of land, Non-agriculture use Permission with layout plan, development/construction permission for competent authority with approved construction plan, copy of development/construction agreement, completion certificate and Building Use (BU) Permission from local authority, allotment letter, allotment deed, title clearnace certificate, society/association NOC and No due Certificate for transfering same in your owners, your own declaration for no encumbrances, share, charge lien created and then final agreement for equitable mortgage to be execution after sanction of loan for rest of documents it can be said after looking to all these documents. hope this will suffice your requirements.

aruntrivedi (lawyer)     12 August 2009

point - 1 - not necessary project requires approval of competent authority i.e. local Urband Development Authority, Municipal authorities, etc. and same is given by N. A. Use Permission and Development/Construction Permission. No Bank has to approve any project - yes they can have reservations for sanction of loan, but when once all these permissions are obtained and lastly Building Use Permission and approval of construction is received then only you need NOC for sale from Society/association only. When you apply for loan you will need to furnish all documents given in reply to point no. 3 - hope this will help you.

aruntrivedi (lawyer)     12 August 2009

partial correction _ in reply to point no. 2 instead of point no. 3.


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