Buying a residential property has been a dream of most of the Indian Individuals and it is important to exercise due diligence and verify various property documents before purchasing the property. While some of them consider purchasing of a home like a dream, some find it as a good means of investment. However, the purchase of real estate can sometimes turn messy and it is important for you to keep in mind certain aspects while you are investing in properties to avoid being caught up in the legal problems and to save your hard-earned money.
Before entering into any contractual obligation, it is important that you check through the various documents to avoid future hassle. Some of the most important document to be checked and confirmed includes title deed, Encumbrance Certificate, plan, house plan approval, land use certificate, No Objection Certificate, Commencement Certificate, Property Tax Receipts, Sale Deed and Khata certificate.
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Can I sell my flat without an Occupancy Certificate?
The majority of the apartments in India have been occupied by those without an occupancy certificate. This can be a costly mistake and has the ability to jeopardize your claim over the property. The occupancy certificate is that certificate that seals your right of ownership in the property. The occupancy certificate clarifies that the construction has been completed according to the approved plan. The occupancy certificate is issued by the local municipal authority and the building proposal department.
An occupancy certificate becomes of vital importance in the sale of a property. Thus it can be stated that no seller can sell his property to a buyer without an occupancy certificate. It is important as:
- In the absence of the same, the building can be declared as unauthorized and can be demolished.
- In the absence of an occupancy certificate, the buyer cannot avail of a home loan or land loan for the purchase.
- The property cannot be resold by the buyer in the absence of an occupancy certificate.
- Electricity, water, and other benefits cannot be obtained without an occupancy certificate.
The buyer can also bring in a legal suit in case the owner denies him the occupancy certificate.
How can I check my occupancy certificate online?
You can apply for your occupancy certificate online and also check the status of the same. An application can be made by going to the respective state government website. In case your property is situated in Maharastra, then the Building Plan Management website (http://mahavastu.maharashtra.gov.in/) and selecting the full occupancy certificate page from the online services tab. Therein you will be required to upload the details showing completion and occupancy details.
The application status can be checked by visiting the official portal and clicking on application status. By selecting the full occupancy option and entering your application number to view status. You can also download the occupancy certificate after the issue of the same. If the building is registered under the Real Estate Regulation Act, then the status of the occupancy can be checked through the RERA website.
How do I check my Encumbrance Certificate status?
The procedure to check the status of the encumbrance certificate may differ from one website to another. The government websites through which the encumbrance certificate application is made can also be used to track the status of your application. The process to check the status is illustrated through this example taking that it is registered under the Kerala government official website. The steps are:
- Select EC Status from the Encumbrance certificate option in the certificate menu bar.
- You are required to enter the transaction ID provided to you when you first submit the application.
- After entering the captcha and clicking on the view status option.
- The certification will be displayed and can be downloaded in the pdf format.
How to verify my title when I lose or not have access to my documents?
Documents are essential proof to verify the title of the property. Documents such as title deed, sales deed, or occupancy certificates are called mother deeds which record ownership, sale, partition, or inheritance. In cases of documents showing title or sale is missing or is not accessible, it is important to get certified copies from the registering authority which is the sub-registrar. This certificate can be obtained on payment of Rs. 500. The records in the land revenue department shall also be considered as it includes those details showing the ownership of the property.
In cases of the document not being registered with the sub-registrar, then the certificate showing ownership can be obtained from a builder. However, it is important to inform them about the missing of the certificate. In cases of financing through a bank, thorough research on the various details of the building is conducted by the bank. In cases of missing documentation, the bank details showing the real estate transaction can help compliment the verification of your title.
Summing up, it is to be stated that, title documents showing title is of vital importance as it helps in justifying the ownership of the property legally. The attorney for the buyer is generally responsible for that as he is expected to check through the title document of the property before and after the transaction. An occupancy certificate is a certification provided after the completion of the construction according to the verified plan. It is issued by the municipal authority and is of vital importance in the sale of the property and in amenities such as electricity and water. An application for the same can be made online.