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Legal Advice

When you are buying a house, paperwork is as important as it is complicated. And let us tell you something, understanding paperwork is a ‘gift’, you either have it or you don’t. So for the great majority that is always overwhelmed at the sight of very legal looking documents, we have tried to make things a little simpler.
You should know the fundamentals; the rest will be routine work. Understanding Government policy and other legalities like Stamp duty (a percentage of the transaction value levied by the state government, on every registered sale), Service tax (charged on those payments made on residential projects which are still under construction) etc. will be extremely handy in making an informed choice of property.

Checklist

  • The Developer needs to have approvals and No-Objection-Certificate (NOC) from the Municipal Corporation, Area Development Authorities, Electricity Boards, Water Supply & Sewage Boards and concerned authorities
  • Proper development agreements and clear titles for property. (Every bank will conduct a legal check on your documents to validate their authenticity before sanctioning home loan)
  • A project under construction should have the allotment letter and development agreement (between the builder and the landowner)
  • When you are buying a ready property, the seller should have the title and possession of the property as well as the right to transfer the property
  • Check whether all dues and tax (property, society, water and electricity bills etc.) have been paid in full
  • Take possession of all relevant documents

Documents required for buying a home

  • Allotment Letter: Contains all necessary details regarding the time schedule for the payments to be made, the price agreed upon etc.
  • Payment Receipts: An evidence of the payment that you have made to the developer
  • Original Sale Deed: Signed by the first buyer and the builder (when buying property from private builder)
  • Completion Certificate: Ensuring that the newly acquired property adheres to the requirements of the municipality or the state laws. The seller must provide completion certificate to the buyer
  • What documents to ask for: In case, you are booking a flat in an under construction apartment, ask for a copy of the floor plan of the proposed building. The floor plan is also helpful to give you a view of the orientation of each room
  • Check out the specifications: A copy of specifications for construction is a critical aspect to ensure that you are getting what has been promised is fulfilled by the builder. It will also help you to see that the array of proposed facilities is appropriate for your needs
  • Opt for professional guidance: Always consult your lawyer or a competent property consultant when dealing with documents and papers that are legally binding
  • Agreement for Sale: This is preliminary document before the sale of a house which details out the relevant information regarding purchaser, seller, money and obligations pertaining to this sale like site plan, flat layout and car park (if any)