The first points it comes to mind while one needs to investing in real estate and land is the most preferred form of property and also the residences, commercial properties and flats. However, when you are buying an assets and properties it is important to keep certain factors in mind which is very important.
The purchase is regardless of the location of your plot, keeping the given factors in mind will ensure that your hard earned investment turns out to be a logical decision.
The title of a property shall be checked by the purchaser’s advocate for the past 30 years. In recent times, developers, Builders, land grabbers, land mafia and even individuals persons have developed property even on encroached lands, like forest land, government lands, park zones, Kaharab (waste) Land, grants & revenue land, lands on dried out tank beds etc.
To prevent all this irregularities’ and frauds , and also to ensure that there are no claims made by the minors in the sellers family and by persons claiming adverse possession, the chain of title has to be well established. These documents are relevant for Karnataka state and this should also be relevant for the entire country with slight changes as well
One should take a Great care to ensure that there are no prior agreement/s holders or pending litigation on the property. One of the way it is done by Local newspaper insertions about the intention of the purchaser to purchase the property. It is advisable to pay the Ernest money as an advance after the expiry of time mentioned in such an advertisement.
All the Original parent documents of title like sale deed, gift deed, partition deed, will, etc.
- Family tree of the seller
- Encumbrance certificates
- Tax paid receipt
- Sanctioned plan
- Surveyor’s sketch
- Notification by B.D.A. or KIADB for acquisition
- Land use as per the Comprehensive Development Plan
- Pahani and Mutation certificate for agricultural lands
- Income tax clearance if the value shown in the agreement of sale above INR. 25 lakhs
In case ancestral property. i.e., the property of a Hindu United / Undivided Family, the number of coparceners and their shares should be ascertained. Minors should be well represented and the amount due to them should be shown as paid to their share or to the head of the family for legal necessity. Daughters and along with their married status with the date of such marriage have to be ascertained as the law has been amended giving equal shares to daughters in an ancestral property
FLATS/ OFFICE FROM DEVELOPERS:
Purchase of flats from the builders, in addition to the documents mentioned above, the following documents are required.
- Agreement between the builder and the land owner.
- Title legal opinion prepared by the developer’s advocate
- Power of Attorney given to the builder by the land owner.
- The completion and possession certificates
- RERA compliance certificates
- The agreements to sell and the agreement to build the flat should be scrutinized by the purchaser’s advocate to see if it is a balanced and fair one.
- Income tax permission if the value in the development agreement exceeds Rs. 25 lakhs.
- Latest Encumbrance Certificate EC for the period of 30 years.
- Land owners legal documents for personal legal opinion your lawyer
- Family tree certificate etc.
Please do note: Prior to registration, the guideline value to register the property should be ascertained. The Purchaser should buy the stamp paper of 12.5% of the value shown in the sale deed for property within corporation limits and 13.5% for agricultural property. An additional 2% should be paid as registration fee. First sale of flats by the builder have a concessional slab rate of stamp duty.
Please remember always take a legal help form a reputed advocates for a well drafted document and the payment of correct stamp duty thereon will secure a good and marketable title.