GENERAL CHECK LIST FOR PURCHASE
OF VARIOUS TYPE OF PROPERTIES
Normally Advocates conduct title
investigation verification to their Clients. In many instances, intending
Purchasers (incl buyers of Apartments) who avail loan to Purchase Properties do
not know what documents should be possessed by them since they feel that the
Bank which lends loan to them will take care of the required title documents.
This is not a disputed fact. However in the better Interest of the buyers of
Property, the following are the general documents which should be verified or
scrutinized (rough broad parameters)
I - For Purchase of New Apartments
a)
Check
Preceeding Parental Documents for last 30 years
b)
Check
Original title deed documents in the name of the present owner
c) Check
latest Patta/Pahani/RTC/Khasra/Khatian/Khatauni/Jamabandi/Thandaper/7/12
Extract (whichever land revenue record applicable in the respective state)
issued in the name of the present owner
d)
Check
Field Map Sketch (FMB Sketch) of the land
e) Check
Copy of Layout Proceedings issued by the appropriate authority along with
layout plan copy with seal of the appropriate local body and permit issued by
the appropriate authority (for layout or scheme) – wherever applicable
f) Check
Copy of Gift Deed executed in favour of local body (for Open Space Reservation
and Roads) in case if the layout or scheme land exceeds certain specific area
prescribed by the respective state – wherever applicable
g)
Cross
Check the genuineness of present owner land revenue record online (if available
in respective States)
h)
In
case if the Builder is not the owner, check the Development Agreement entered
into between the Builder and the Owner and also check whether the Owner has
granted Power of Attorney in favour of the Builder. Ascertain the extent to
which the owner has given power to the Builder (whether to sell all the
developed Flats or only specific number of Flats)
i) Obtain
Certified Copy of the latest title deed by which the owner had acquired the
title to the Property from the records of the concerned sub registrar office
having jurisdiction over the Property to be Purchased (Genuineness of any
document can be ascertained only when certified copy of the same is obtained from
the records of Sub Registrar Office and compared with the Original)*
j)
Obtain
Permits issued for construction of building along with copy of sanctioned
building plan along with seal of the appropriate authority
k)
Check
whether the total number of Apartments Constructed tallies with the number of
Apartments mentioned in the Permit issued for Approval. The General Thumb Rule
is that for each Apartment, there will be only one Kitchen. Count the total
number of Kitchens shown in the Approved Drawing Plan and this will reflect the
total number of Apartments for which permission had been issued for
Construction.
l)
The
Builder/Developer should not retain any Undivided Share of land (unless any
Flat is allotted to him) nor should have any terrace rights over the constructed
building. Check whether the Construction Agreement is free from these Clauses.
m)
For
Societies (mainly in the State of Maharashtra), check Conveyance Deed executed
in favour of Society/Condominium concerned. Also Check the Occupancy
Certificate (or) Allotment/Possession Letter issued in favour of the member of
the Society along with the Share Certificates issued by the Society. Also check
Membership Details in the Society.
n)
In
case if any loan is availed from any Bank/FI by the Builder/Developer, ensure
that NOC for Sale of the Apartment is obtained from the concerned Bank/FI. Also
ensure that the payment transactions to the Builder/Developer are routed only
through that Bank/FI which had granted loan to the Builder/Developer
o)
Obtain
Non Encumbrance Certificate (Computerised or Manual - wherever applicable) for
last 30 years
II - For Purchase of Second Hand Apartments
a)
All
the Check list mentioned for Purchase of new Apartment
b)
Obtain
latest Original Property tax receipt, Water tax receipt and Electricity Charges
receipt issued in the name of the present owner
c)
In
most cases for Purchase of Second Hand Apartments, the Parent Documents will be
Xerox and only the Original Sale Agreement and Original Construction Agreement executed
with the Builder/Developer and Original Sale Deed document executed in favour
of the first Purchaser shall alone be available.
How
to detect property fake documents?
How
to ascertain title genuineness of land, Apartments and other kind of
Properties?
How
to verify online ownership of land in various states in India?
How
to know Building Approval Procedures followed in Various States in India?
Book
titled `PROPERTY REGISTRATION, LAND RECORDS AND BUILDING APPROVAL PROCEDURES
FOLLOWED IN VARIOUS STATES IN INDIA’ will have answers for all the above said
queries. (Author: G.Shyam Sunder, Advocate, Chennai, Ph:09841136901)
Book available in:
Flip
Kart (Online)
Land
Mark (in all major cities in India)
Chennai
– Sitaraman
& Co (044-28111516, 28117069), Higginbothams and Odessey
Sri Vidya Devi Publishers
(044-24936193/9841136901)
Coimbatore
–
Odessey (Brooksfield Mall)
Bangalore
– MPP
House (080 – 41136866, 22260706)
Hyderabad
–
Asia Law House (040 – 24742324)
Mumbai
– Students
Book Centre (Snow White Publishers – 022 – 22050510/22080668)
The Hindu – Habitat (Property Supplement) – 14th Dec,
2013 - Book Review
Economic Times – 4th Dec,
2013
Only a few states follow good property registration procedures:
G Shyam Sunder
G Shyam Sunder, a Chennai-based advocate, points out to the benefits of standardising procedures.
G Shyam Sunder, a Chennai-based advocate, points out to the benefits of standardising procedures.
This article can also
be accessed if you copy and paste the entire address below into your web
browser.
http://economictimes.indiatimes.com/markets/real-estate/news/only-a-few-states-follow-good-property-registration-procedures-g-shyam-sunder/articleshow/26851644.cms?intenttarget=no&mailtofriend=yes
http://economictimes.indiatimes.com/markets/real-estate/news/only-a-few-states-follow-good-property-registration-procedures-g-shyam-sunder/articleshow/26851644.cms?intenttarget=no&mailtofriend=yes
Times of India – 1st Dec, 2013
The New Indian Express – 21st Nov, 2013
Business Line – 23rd Nov, 2013
Nanayam Vikadan – 15th Dec, 2013 (leading Tamil
Financial Weekly)
Dinamalar – 19th Nov, 2013, 19th Dec, 2013
and 12th Jan, 2014 http://www.dinamalar.com//district_detail.asp?id=852526&dtnew=11/19/2013
Telangana maa bhoomi Land Records Web land data search for ROR document registration status Online Property Plots Registration village maps Pahani Adangalas Bhuelkh khaitan Satbara Utara Banglar bhumi Jharbhoomi UP Bhulekh Bihar land records.
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