Resale property buying - role of lawyer

Originally posted by : Anwar Shaikh
	Dear Experts , I am planning to buy to resale property in Pune city in any well known society , I would like to know what is the role of lawyer in buying resale property.

The lawyer shall be benefitted (become owner) for the gratuitously acquired property  

Strictly speaking, before purchasing and to help you decide Lawyer is not required. All inquiries and verifications can be done by yourself, provided you know how to take up such verification, etc.

Normally, a Lawyer is approached:

1. To verify the title to the property intended to be purchased inter-alia genuineness of such document 
2. Trace the title for the last at least 13 years
3. Obtain an Encumbrance Certificate (which is nowadays is available online) to verify whether there any charge is made on such property ie. any loan is secured by mortgaging such property
4. To Draft Agreement of sale and
5. Finally, Draft the Sale Deed

In Maharashtra, if it is an Apartment,  I think the process stops with an agreement to sale and then the role of the Society of the property comes into the picture who shall admit the buyer and transfer the share of the former owner.

The Advocate gives an opinion on collecting fees.  The main duties are DEVIL T.  Documents of original title deed and link documents to search for the good title of the seller, EC to know borrowings, mortgages if registered, Valuation through local inquiry and Registrar office, valuation engineer  Inspection of the property physically to know more about the type of construction mutation and gives Legal opinion, helps in mutating the property, pays advance house tax for six months and delivers Tax paid receipt to confirm that Municipal records are mutated as per sale deed.  The maximum fee at Pune for giving legal opinion including drafting of sale deed etc was Rs.5,000/- in the case of Banks previously in the year 2010.  When the minimum investment is more than a crore spending few thousands of rupees for opinion is not an issue.