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sab2009 (owner)     15 November 2010

Legal documents for verification

Hi,

 

I would like to know about the legal documents that need to be verified before purchasing an apartment in bangalore,Karnataka.

Any inputs in this regard will be of great help.

Regards,

Sab2009



Learning

 3 Replies

suresh (Advocate)     15 November 2010

Hi, Mr.Sab,

All the revenue records pertaining to the land, mother deed and all the subsequent sale deeds etc.,

Commencement Certificate and Occupancy Certificate from the jurisdictional BBMP office.

Plan approval from the concerned jurisdictional authorities.

regards

suresh

sab2009 (owner)     15 November 2010

Thanks, Suresh.

A V Vishal (Advocate)     15 November 2010

Purchasing a Residential Flat/Apartments:

  • Mother deed/ Sale deed: This is the most important document for tracing the ownership of the land. It gives details of the property as to how it was acquired at the initial stage and the subsequent series of transactions it has undergone. You should also check for the original sale agreement showing the builder/developer duly registered.
  • Khata certificate & up-to-date tax paid receipts: In case of a joint venture, the Khata should be in the landowner’s name. If you purchase the property directly from the developer the Khata should be in the name of the developer/promoter.
  • Joint Development Agreement: The agreement should be examined thoroughly if it’s a joint development. You must clearly understand the ratio at which the build-up area is divided between the promoter and the landowner.
  • Encumbrance Certificate: A latest Encumbrance certificate having the details of last 30 years should be checked. It can be obtained from the sub registrar.
  • Approved Plan: Check for a copy of the approved building plan by the respective government authority and also for the portion of the apartment being purchased.
  • Sanction Plan: Verify whether the building plan of the apartment is sanctioned and also check the validity of the sanction plan. You must also check the commencement certificate and take a confirmation from the Municipal authorities if the building adheres to the norms of the laws.
  • NOCs: You should obtain NOCs under the provisions of Income-Tax Act and Urban Land Ceiling and Regulation Act if required.
  • Occupancy certificate: This is issued to the developer by the apartment corporation/BDA/CMC. A buyer should insist for this.

Besides the above steps to be followed you should also ensure that the developer has obtained approvals from the Municipal Corporation, Electricity Boards, Area Development Authorities and Water Supply and Sewage Boards. It is advisable for the apartment owners to file a joint declaration under Karnataka Apartment Ownership Act, 1972, get duly registered and attain the rights and legal safeguards.
 


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