Mukesh (Associate) 30 March 2009

Buying a New Flat !

Hi,

I want to buy a flat in Kolkata and I have selected a flat also. But before going ahead I have below query. Would request anybody to clear my doubt.

The property is in the name of a Private Finance company. What are the required documents to collect from the owner to avoid future problems. My lawyer has asked few query to him regarding the property.... ie: whether the mutation is done or not, Tax are paid or not, is the property is mortgaged or not, whether the owner has taken any loan on behalf of the property or not etc. But the Owner is not ready to reply to he above queries. So, in such case, should I go ahead using any other option, ie: by receiving the Seller letter, Signatary verification etc.

Note: For you information; The company has bought about 8 flats in the said apartment and have sold about 6 flats without providing any details as mentioned above. And the bank is ready to provide me home loan without having any above details, bank person wants only Seller letter, Signatary verification, Advance agreement, Old deed of conveyance and sanction plan only.
Now I want to ask again that, if in case I go ahead somehow and get any problem then who is liable, Bank or Me?

Would request anybody to reply me on the above problem.

You can reach me on 97488-98201 Kolkata.or mukeshgupta30@rediffmail.com

Thanks & Regards,
Mukesh Gupta

Reply Follow

2 Replies

JAGADEESH GOVIND (ADVOCATE) 30 March 2009

Dear Sir,

You have to check the following documents before the purcahse of flat.

1) Land Tax receipt.

2) Non-Encumbrance Certificate

3) Building Tax receipt

4) Building Permit.

5) Prior Documents upto 15 years.

Eventhough the Bank has given loan without checking any documents,you will be liable for the loan taken by you.

Regards,

Jagadeesh

Y V Vishweshwar Rao (Advocate ) 31 March 2009

I agree with Shri Jagadeesh Govind ;-

In all the bank House loans , the title to the proerty , and link documents , Building permissions and Tax Receipts and Muitation proceedigns and charges on the property and validity of the Sale deeds and its mortgage to the Bank as secrity for th propsoed loan will be verified by the bank legal Cell & Adovcates .---------Inspite of that you have to verify Vendor's title to sell the proerty to you and to satisfy that there are no encumbrances/ charges etc adn that the Vendor has perfect title to sell the same to you