Resale flat
Querist :
Anonymous
(Querist) 21 September 2011
This query is : Resolved
I want to purchase a resale flat. Kindly let us know which documents i need to check.
Also give me document information for under construction flat.
Ganesh Chavan
(Expert) 21 September 2011
REVENUE DOCUMENTS:-
1. Clear Title ( Record of Rights):-
• Obtain 7/12 Extract from the respective revenue office and Do not rely upon photo copies of the documents provided by the seller.
•On 7/12 Extract Make sure there is no outstanding loan, taxes, mortgage, claims, court case – generally 7/12 Extract will have these details.
• If in case there are multiple owners on 7/12 Extract, make sure all of the owners sign on the sales deed/ agreement.
• Hire title search lawyer and verify ownership details and liability details of past 30 years.
• Even if you full cash, try to borrow a small portion of the amount from the banks, because banks (more so nationalized banks) verify titles and other legal aspects before sanctioning the loan. It takes time but it is worth the wait.
• In case the land is owned by deceased person and name of his or her legal heir are not updated on the 7/12 Extract, avoid purchasing such plot until the names of the legal heir are updated in the 7/12 Extract. In short, do not purchase based on affidavits, undertakings, or Will. You must purchase from the current alive legal owner.
2. 6 A Extract (Mutation Entries):-It is also a revenue document showing the details of mutation entries showing charges or encumbrances of any nature i.e. transfer assignment, partition, mortgage etc. popularly known as “Pherfar Patrak”.
3. PROPERTY REGISTER CARD (P.R. CARD): It is also a document of ownership similar to 7/12 Extract described above, with all its contents mainly applicable for urban areas. This is issued by the concern City Survey Officer of respective Zone. It is essential to have endorsement of area of plot in figures as well as in words on this document as per present policy of the Govt. format document is attached at the end. Validity of this document is ONE YEAR from the date of issue.
4. CITY SURVEY PLAN: This is a plan prepared and issued by the concerned City Survey office showing the boundaries of the plot and existing structures if any thereon. The city survey officer on request can carry out survey and demarcate the boundaries of the plot and issue plan of demarcation to the applicant.
5. NON-AGRICULTURAL PERMISSION (N.A. PERMISSION): This permission is essential from the Collector, when the tenure of land is changed from agriculture to nonagricultural purpose for residence, commercial & industrial use / development. The applicant has to apply in format. This permission is generally issued within a period of 30 days. As soon as the N.A. permission is granted the applicant has to pay conversion charges & N.A. assessment taxes to the office of the Tahasildar concern.
TECHNICAL DOCUMENTS & CLEARANCES
1) APPROVED PLANS: The Local planning authority i.e. Municipal Corporation/Council, approves the plans of proposed development as per rules & regulations prescribed. The plans of proposed development submitted by the architect along with necessary documents are scrutinized, and after getting satisfied, the local planning authority through its authorized officer grants its approval to the proposal subject to compliance of certain terms & conditions. The approved plans are issued in duplicate, i.e. copies to the owner & architect. The approved plan bears signatures of owner, architect, beside municipal stamp of approval with case / file number, date of approval and is signed by the authorized officer of the Corporation. Validity of approved plan is ONE year and requires revalidation every year thereafter.
2) LETTER OF APPROVAL / I.O.D. (INTIMATION OF DISAPPROVAL):Along with approval of plans, Municipal Corporation / Council, issues letter of approval in their format. it is popularly known as I.O.D. (Intimation of Disapproval). People get confused for the long form of I.O.D. and are reluctant to accept it as letter of approval. In fact even though it is termed as intimation of disapproval, it should be read in its positive form; which means the I.O.D. is a letter of approval subject to compliance of terms & conditions mentioned therein.
Validity of Letter of approval (I.O.D.) is ONE year unless revalidated yearly..
3) COMMENCEMENT CERTIFICATE :It is a development permission under Act and it is issued by the Local Planning authority. It is generally issued together with approved plans & letter of approval in other cities except in Gr. Mumbai.
The Municipal Corporation, issues commencement certificate only after compliance of terms & conditions of the letter of approval (I.O.D.) by the applicant. This permission is popularly known as “C.C.” (Commencement Certificate).
Validity of Commencement Certificate is ONE year from its date of issue.
This can be revalidated yearly for further 3 times (Total 4 years) within which period the applicant has to start the work. If for any reasons work is not started within the above period; the applicant has to seek fresh development permission. In case the property is subjudice revalidation period can be extended.
Notes: Only after obtaining commencement certificate the applicant is entitled to start the work and not otherwise.
ajay sethi
(Expert) 21 September 2011
for resale flat please check whether NOC is given by the society .
whether flat is mortgaged or not?
whether seller has original documents of flat?
whether maintenance bills have been fully paid?
whether deed of conveyance has been executed in favour of society?
wheter society has Occupation certificate?
Shastri J.K.
(Expert) 21 September 2011
I agree with mr.ajay sethi.
Sailesh Kumar Shah
(Expert) 21 September 2011
I agree with Mr. Ajay sethi. Mr. Ganesh also write good information but is relating to agricultural land.
