Resale property is a property that has been already allotted to a person. In other words, it can be stated as a property that has been already purchased by an individual and is not put on sale again. The resale of a property can be done either through the first assignee or through a beneficiary.
Buying a resale property is quite a good option as it permits the buyer to acquire property at a negotiable rate. It is also advantageous as its property can be occupied in no time unlike the property under construction.
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What are the Documents Required To Get Resale Property Registered?
The resale properties also have tax benefits attached to them. The various documents necessary for the process of registration of a resale property includes:
Original Title Deed:
The buyer must obtain the original title deed from the seller of the property. The title deed should also signify the transfer of the property from the seller to the buyer. The title deed should contain the details of the owner such as his name, details of the loan, and the information about the loan availed on the property. The buyer should verify the title deed along with the title report that is provided by the seller.
The Sales deed of the property is an important document that needs to be registered according to the Indian Registration Act. No sales transaction that takes place without the sales deed is considered valid. The sales deed needs to be signed by both the parties along with two witnesses all of the age of majority.
Various details such as the total plot area, identification number, details of construction, the exact location and surroundings of the property need to be mentioned in the deed. The sales deed is generally drafted by the buyer’s lawyer. However, it is recommended to both the parties that the conditions so mentioned in the deed need to be checked and verified before attesting and registering the same.
The encumbrance certificate needs to be acquired from the Registrar’s office or the Sub registrar’s office. It is granted up to 30 years. The certificate can also be acquired within 7-15 days of the application. For obtaining an encumbrance certificate for 30 years you are required to make the application to the main registrar’s office and for those below 26 years to the sub-registrar’s office. This document helps in checking if there are any dues that are pending on the property.
The tax receipt is also an important document that is needed for the registration of the property. The latest building tax payment needs to provide. The seller can apply in the Municipal office for the same if it is not available with him by submitting the original copy or photocopy of the title deed of the property.
Along with the building charges, the latest tax bills of the land tax also needs to be submitted. The Land tax receipts can be obtained by making an application to the village office. You will be required to submit the original title deed along with the encumbrance certificate and tax receipts in case they are available with you.
A possession certificate is a document that shows the transfer of the property’s possession and its title from the first owner to the buyer. The document also signifies that the initial buyer is transferring all his interest in the property to the buyer for a certain consideration. In other words, it is the document that shows that the property has been occupied without any illegal means.
The possession certificate is important to put the property into use as it signifies the lawful possession of the property. Since the possession certificate is an important document, it is important for the registration of the resale property.
Approved building plan:
The construction works that are carried on a property should be as per the approved plan. Any construction works, out of the plan to be demolished. Thus it is important to the buyer to check the approved construction plan of the building. The location sketch of the property can be obtained after the submission of the encumbrance certificate and possession certificate. It is issued after the inspection on the property is carried out. The building permit and the sanctioned plan should be obtained from the builder of the property if the seller does not have them. The utility bills of the property need to be cross-checked to ensure that no dues are pending on the property.
NOC from Bank or lender:
In cases of a pre-existing loan on the property, the bank must issue a Non-Objection certificate to authenticate the purchase and sale transaction. It is important to obtain a non-objection letter as it helps in avoiding legal complications in the future. The sale of a property that has been already mortgaged, makes the transfer invalid or void.
However, the sale of the property can be made permissible only after obtaining the NOC from the lender. Thus making it an important document for registration. In cases where the loan amount on the property is closed, the seller must obtain a loan closure letter from the bank before entering into a sales transaction.
Can an existing loan from a lender be transferred to the new buyer?
Yes, it’s possible. If a property owner does not want to repay the loan any further, he/she can transfer the debt to someone else. But that will happen only if the owner sells the property to the new buyer and get the ownership title transferred to the latter. The owner, who can also be referred to as the seller, required to close his/her loan first before the transfer. The seller can thus close the loan by using the money received from selling the property to the new buyer.
Summing up, Resale properties are those properties that have been already sold earlier. Purchasing a house can incur a buyer a lot of liabilities. Investing in resale properties can be beneficial as the price on the property can be negotiated by the buyer. It also enables the buyer to occupy the house without further delay. Various documents need to be cross-checked and presented for the registration of a resale property.
The title report also called the joint deeds or property link documents needs to be verified to know the flow of ownership rights in the property. The various documents required for the registration of a resale property includes the original title deed, sales deed drafted by the buyer’s lawyer, encumbrance certificate, tax receipts, building approval plans and NOC from the lender to safeguard the interest of the buyer.
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