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b.sreenivasa Rao (Legal Services)     15 April 2010

How do we Check out Legal Documents for purchase of House

My friend is planning to buy Individual House at Hyderabad city Area.  He has searched plenty of Individual houses which were newly constructed and some houses were ready to sell by house owners.

 

He is unable to trace out and find out the correct suitable house.  Why because he searched near about 25 houses, in this houses some are newly constructed and some are ready to sell by owner who is residing at his house.

The main thing is that how can he identify the house whether the Title Deeds are clear title or any fradulent.

For example the house he searched is near abt 10 yrs back.  The property (dwelling house) which was constructed frm the land which was divided into plots.  The originally the dwelling house was constructed on the plot, where the plot has divided fmr the Acres of lands which is a agriculture land.

 

In this connection he needs guidelines how to verify the legal documents where all the houses are ready to sell.  He is unable to get conclusion by seeing GPA's, Registered Docs, Notarised Docs, etc.,

 

Plz clarify his doubts how can he search the documents which consists of link documents etc.,

 

Thanking you

 

Regards

sreenivasa rao

 

 

 

 

 

 



Learning

 9 Replies

Rasik Dagli (Lawyer)     15 April 2010

Your friend should  select a house and get necessary title deeds from the owner. He should than approach a lawyer who is investigating and issuing Title Clearance Cerificates.

Before issuing Title Ceruificate a Public Notice is to be published in the leading Local Daily,  Revenue Records of last 30 years will have to be checked with all the entries made therein and similerly Registration records of last 30 years are to be checked by taking serch of the same. Thereafter, normaly a declaration on oath is taken from the owner of the property. After satisfyng about all these , if found proper, lawyer will isse Title Clearance Certificate.

It is advisable that you friend should not purchase house without first obtaining Title Clearance Certificate.

RASIK DAGLI

Advocate

l

A V Vishal (Advocate)     15 April 2010

  

 

 

Check the title of the property:The title of the property forms the foundation of any contract. According to the Indian Contract act, no seller can pass on to the purchaser a better title than what he already possesses. Therefore, the title of the seller must be clear and free from any encumbrance. Before you buy a property, verify the title of the seller. Apart from the other means of verification of title, under the Maharashtra Ownership Flats act, 1963 (MOFA), a promoter is obliged to produce a title certificate from his advocate and the same should be perused.

Check the original documents:Always inspect the original documents of the seller. For example, if the premises are in a society, share certificate and all the documents starting from the promoter ’s agreement should be seen in original. If the seller does not possess the originals, there might be chances that he has deposited them with someone against loan taken by him.

Place a public notice: A public notice may be placed in newspapers calling for claims in respect of the property being purchased. Claims can come even afterwards, public notice helps in proving that you purchased the property bona fide and in good faith.

Inspect the plans:If the building is under construction then inspect the plans to check whether they have been sanctioned by the concerned authority.

Payment of stamp duty:Always verify documents of title to check payment of stamp duty. If the ownership of property has changed hands more than once, examine all the documents for payment of stamp duty by the predecessors.

If the property belongs to a minor:In case where the property is owned by a minor, prior approval of the court is required to enable the minor’s father/natural guardian to sell the property. In the absence of such permission, the sale could be voidable at the option of the minor on attaining majority.

Sale by holder of power of attorney:If the sale documents are being executed by a person holding power of attorney on behalf of the owner, the said power of attorney should be scrutinised closely. The person must not only possess the power to sell property, the power of attorney should also be validly executed before the appropriate authority.

Check the minimum tenure of land if taken on lease:If the flat that is being purchased is in a building built on a land which is given on lease, lease rent would have to be paid for the land by the flat owners. If the lease is to expire shortly, it is possible that the lease rent may increase substantially. Hence, the terms of the lease must be verified before buying the flat.

Other precautions:

  • Check the occupation certificate:Occupation certificate should be inspected to ensure that the building has been built legally, especially in case of new buildings.

  • Check the carpet area:You can verify the carpet area by taking actual measurement of the property if the same is ready.

  • Search for records: A search of the records at the sub-registrar’s office may be carried out for documents that may affect the property and may have been registered.

  • NOC of the society: It is advisable to obtain a no dues certificate and no encumbrance certificate from the society (if the property is in the society) to ensure that all dues are paid and no mortgage is registered with the society in respect of the property being purchased.

When buying a new property, one must be aware of certain things to avoid getting entangled in legal issues later. Here are some of the precautions you can take before finalising a property deal:

 

 

  

bhagwat patil (Property due diligence 9422773303)     16 April 2010

u may take the help of HORIZON FINANCIAL SOLUTIONS PROPRETY  TITLE DIV.

ANILKUMAR (ADVOCATE)     21 April 2010

Please verify the original documents of the following:

1.  Title deed of the immovable property on which the house is situated.

2.  Two immediate prior title deeds of the title deed.

3.  Land revenue tax receipts for the year.

3. Non-encumbrance certificate for the property for the past 32 years (To ensure that no government dues are there)

4. Possession certificate issued by the revenue authority for the land.

5. The sketch prepared and endorsed by the Survey authority.

6. The agreements between the landowner with the developer

7. The agreement between the developer and the builder

8. If the house is owned by several persons, the authorization document for the person to sell the property on their behalf.

9.  Building permission from the municipal authorities

10. Completion certificate from a qualified civil engineer attached to the municipality

Apart from the above:

1. Get the built up area of the house measured along with the area specified for general use (in case of flats this is a must)

2. Get the project details and verify the credibility of the builder/developer/owner.

3. Understand which are the common amenities.

4. Check whether you have to pay for car parking space and if so, the terms and conditions.

Arati Gawde ( Legal )     22 April 2010

Thanks Adv. A.V.Vishal for this detail  information. 

prsmitra (advocate)     13 December 2010

Originally posted by :A V Vishal
"
  

 

 

Check the title of the property:The title of the property forms the foundation of any contract. According to the Indian Contract act, no seller can pass on to the purchaser a better title than what he already possesses. Therefore, the title of the seller must be clear and free from any encumbrance. Before you buy a property, verify the title of the seller. Apart from the other means of verification of title, under the Maharashtra Ownership Flats act, 1963 (MOFA), a promoter is obliged to produce a title certificate from his advocate and the same should be perused.

Check the original documents:Always inspect the original documents of the seller. For example, if the premises are in a society, share certificate and all the documents starting from the promoter ’s agreement should be seen in original. If the seller does not possess the originals, there might be chances that he has deposited them with someone against loan taken by him.

Place a public notice: A public notice may be placed in newspapers calling for claims in respect of the property being purchased. Claims can come even afterwards, public notice helps in proving that you purchased the property bona fide and in good faith.

Inspect the plans:If the building is under construction then inspect the plans to check whether they have been sanctioned by the concerned authority.

Payment of stamp duty:Always verify documents of title to check payment of stamp duty. If the ownership of property has changed hands more than once, examine all the documents for payment of stamp duty by the predecessors.

If the property belongs to a minor:In case where the property is owned by a minor, prior approval of the court is required to enable the minor’s father/natural guardian to sell the property. In the absence of such permission, the sale could be voidable at the option of the minor on attaining majority.

Sale by holder of power of attorney:If the sale documents are being executed by a person holding power of attorney on behalf of the owner, the said power of attorney should be scrutinised closely. The person must not only possess the power to sell property, the power of attorney should also be validly executed before the appropriate authority.

Check the minimum tenure of land if taken on lease:If the flat that is being purchased is in a building built on a land which is given on lease, lease rent would have to be paid for the land by the flat owners. If the lease is to expire shortly, it is possible that the lease rent may increase substantially. Hence, the terms of the lease must be verified before buying the flat.

Other precautions:



Check the occupation certificate:Occupation certificate should be inspected to ensure that the building has been built legally, especially in case of new buildings.



Check the carpet area:You can verify the carpet area by taking actual measurement of the property if the same is ready.



Search for records: A search of the records at the sub-registrar’s office may be carried out for documents that may affect the property and may have been registered.



NOC of the society: It is advisable to obtain a no dues certificate and no encumbrance certificate from the society (if the property is in the society) to ensure that all dues are paid and no mortgage is registered with the society in respect of the property being purchased.







When buying a new property, one must be aware of certain things to avoid getting entangled in legal issues later. Here are some of the precautions you can take before finalising a property deal:




 




 

  
"

srinivaas (basis)     16 May 2014

Hi All,

 

I am planning to buy a apartment at padmarao nagar in hyderbad, I choose one good apartment in padmarao nagar its 2 BHK, 1050 sft, 6 years old and semi furnished, there are saying 30 lacks.  

Can you please tell me the correct rate in padmarao nagar area or who can I find the price.

I am a private employee my net salary is 34000 and my wife working in a state govt she is net salary is 12000 so how much amount I can get the loan form bank.

Thanks

Srinu T

srinivaas (basis)     16 May 2014

Hi All,

 

I am planning to buy a apartment at padmarao nagar in hyderbad, I choose one good apartment in padmarao nagar its 2 BHK, 1050 sft, 6 years old and semi furnished, there are saying 30 lacks.  

Can you please tell me the correct rate in padmarao nagar area or who can I find the price.

I am a private employee my net salary is 34000 and my wife working in a state govt she is net salary is 12000 so how much amount I can get the loan form bank.

 

Thanks

Srinu T

OLS Mumbai   24 December 2015

Advocate for Title Search Report, property Investigation, Property Search Report, Real Estate Search report/ How to do / what is Title Certificate or Property Clearance - where is Title Search report of Property, Real estate Search report of property Mumbai, Navi Mumbai, Thane - 
for more details call us- 9833604902, 022-23892325  OLS Mumbai

 

Attached File : 337835 20151224191048 503171237 how to do property search report.pptx downloaded: 97 times

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