The implementation of the Real Estate (Regulation and Development) Act along with the delay that has been caused in the under-construction property, has led to an increase in the demand for the ready-to-move flats. There are many reasons why buyers would prefer to move into an apartment and this includes that the ready-to-move flats help the buyers to cut the cost of staying in their current accommodation as the property could be occupied at any time, thus helping you to save rental expense and helps in making the home loan installments quite easily.
However, it is recommended that the buyer considers certain norms and values before arriving at a decision. The buyers should know the various documents and procedures that are required to be carried out.
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How do you verify apartment documents?
Various documents need to be cross-checked and verified for the purchase of the flat or an apartment and it includes the following:
The title deed is the most important document that needs to be considered as it gives the proof of ownership in the property, the seller’s rights in the property along with facts relating to the mortgages made on the property. A lawyer can be hired for preparing a title report or a linked document that shows the past ownership of the property. The buyer should also ask for a copy of the title deed and get it verified with the land record office.
The buyer along with his lawyer should verify and confirm that the construction works of the apartment have been following the prevailing law. They should obtain the sanctioned plan from the municipality and cross-check the construction works with the same. It is also important to ensure that the seller has obtained the commencement, completion, and occupancy certificate from the authorities which are issued after an inspection is carried out. It will help the buyer to ensure that the required licenses, sanctions, and permissions have been obtained from the authorities.
Land Use certificate:
It is also important to check the land use certificate as it is illegal to use agricultural land or commercial and industrial zones as residential property. You must make an application to enquire with the urban development authority to verify that your property is in the residential zone. In case it is agricultural land, necessary permissions need to be acquired. Such properties are also called a converted zone.
No objection certificate:
The buyer should obtain a no objection letter from the builder of the flat. He is liable to provide you with the urban land ceiling NOC (if applicable), an environment clearance NOC and NOCs from the electricity, water and lift authorities. If the purchase of the property is made by the seller, you must ask the seller to get a NOC from the bank in case the property has been mortgaged.
How to verify your documents without a lawyer during the sale of a property?
In the present times, a layman can also verify and attest to the authenticity of the documents without the help of a lawyer. Every single detailing should be checked and verified. There are quite a few steps that need to be followed. The steps include:
Closely verify the personal identity in the property documents:
The buyer of the property has the right to enquire about the various details of the property. They have the right to procure the various documents relating to the property to verify every minute details mentioned within the documents. The buyers should ensure to collect a copy of all these documents along with the personal details in the documents. He should ensure that the property is completely satisfying the terms of the contract.
Before purchasing the property the agreement must be witnessed by two people representing both sides. A title report shall be obtained to know the flow of ownership and to ensure that there have been no legal issues relating to the property in the past. The ownership of the current title deed needs to be cross-checked with the person’s identity proof and address proof.
Understand the various Termination Clause mentioned in the documents.
Every buyer and seller that wishes to trade their property is keen on keeping certain conditions in the contract and the different situations in which the contract could be terminated. The agreement of sale is initially drafted between the parties by formulating certain conditions, mentioning the agreed price, and the amount paid as the first installment. Such an agreement is generally formulated to bring in certain regulations that have the power to bind both parties to the agreement.
This agreement may contain details concerning termination and it is intrinsic to understand the various clauses mentioned under it. It may include a penalty on the contractual obligation, etc. as the damage for the non-performance of the contractual obligation. The parties can aim to settle disputes using the court or through any form of alternative dispute resolution means. The normal clause of termination states that the parties can revoke the contract through the convenience clause.
Check through the mechanism for resolution of dispute:
A contract or an agreement is said to be incomplete if it does not contain clauses that state the means that need to be adopted in case of a conflict that may arise between the parties. A good resolution method can help the parties to sort out any form of dispute that arises out of the property such as the dispute concerning the title of the property or non-performance of any clauses in the contract. Opting for an alternative method to litigation is followed by many parties as it is time-saving and cost-efficient. Thus the buyer must verify the mechanism for the termination of the contract.
Amenities and dues:
There may be various amenities and facilities on the property. The buyer cross must check the various facilities that are available with the purchase contract to ensure that you are entitled to the use of all these amenities. Generally, there is an amenities clause that provides the various amenities available on the property. This will help the buyer to know the accurate maintenance charges and repair charges (if any), that could be incurred by the buyer.
The buyer should also check for tax receipts and should also ask the seller to provide the buyer with the encumbrance certificate to verify if there is any encumbrance left on the property. It is important that you also cross-check the non-objection letter obtained from the bank in case the property has been mortgaged. You must check through the utility bills to ensure that there are no pending dues on the property.
Summing up, it is to be stated that nowadays people prefer to purchase properties that are ready for use and can be moved into due to the various benefits it provides. While making comparisons between two properties we check many factors such as the price, place, and possession date. However, the most important parameter that needs to be cross-checked and verified includes the documents for the sale.
The buyer should always ask the seller to provide him with copies of the property documents before entering into any financial commitments to avoid any legal hassle that may occur. The cross-checking process can be carried out with or without the aid and advice of a legal professional.
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