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House Buying Before Checking The Document

Date : Jan 22, 2014

Buying your own home may be a cherished dream, but it doesn't take much   for it to turn into a nightmare. Given that real estate is among our most expensive purchases, landing a lemon can prove to be a financial disaster.


The only way to avoid such a situation is to take time out to conduct due diligence before finalising any property deal. Of course, a reliable shortcut is to buy into a project that is backed by financial intermediaries like banks. "Seldom would they hand out loans to projects where due diligence throws up pending mandatory clearances," explains Shveta Jain, executive director, residential services, Cushman & Wakefield, India.

ou can also engage a lawyer to carry out due diligence, but as a smart buyer, it's best to pore through the documents yourself. Here is a checklist of documents that you should peruse before signing on the dotted line.

Projects under construction

The first thing one should do in the case of projects that are still under construction is to make sure that the builder has all the necessary approvals in place, without which it would be considered illegal.

"We have often come across cases where projects have been stalled midway due to lack of proper approvals. Even finished projects have been razed for the same reason. Hence, I would never advise to go for a booking unless you have taken a close look at the key documents," says Ramesh Vaidyanathan, partner, Advaya Legal, a Mumbai-based commercial law firm.

The first of these is the permission to develop land into a residential complex. Builders need to get government approval to convert agricultural land or even land specially designated for industrial purposes into a residential area. If the builder has gone ahead without securing this approval, the entire project is illegal.

In addition, there are environmental and municipal clearances to factor in. For instance, the builder has to ensure that his project does not interfere with the urban and town planning, and that it has unrestricted road access.
Next, you need to find out if the builder has the authority to transfer the undivided share of land to each flat owner and the entire plot to the society, on completion of the project.

A Knight Frank research report on 'Parameters for Buying a Home' mentions that you should also ensure the builder does not reserve any right on your portion of the apartment, such as balconies or terraces.

Lastly, never forget that there's many a slip between the blueprint and the final product. The developers tend to charge a premium for additional features, such as a swimming pool or designer furniture.


However, unless you ask the builder to incorporate all the promised features in the agreement and make provisions for penalty in case of non-fulfilment, you stand on shaky ground.

Any sample flat that was shown to you would be demolished long before you obtain the possession of your house, leaving you with little evidence if you decide to drag the developer to court. Also, watch out for the fine print: builders may slip in a clause in the agreement, stating that they reserve the right to alter any of the promised features.

To be safe, take a look at the approved construction plans and ensure if they match what has been promised to you. Ask the builder to show you the requisite permits from the concerned authorities.

While the approved construction plans have to be mandatorily displayed at the construction site at all times, all the important approvals should be available at the builder's office.
Under the Transfer of Property Act and Maharashtra Ownership Flats Act, a seller is required to disclose all facts relating to the property, which includes the various permissions secured by him. In case a builder refuses to do so, a prospective buyer has recourse under the same Acts. "However, if any of these documents is missing or the builder refuses to show them to you, it is best to stay away from the project," warns Vaidyanathan.

In addition to these documents, you should also take a look at the Commencement Certificate for projects in Mumbai. As the name suggests, this certificate is given to the builder to begin construction only after he has obtained all the requisite clearances.

Independent home owner

"As a primary rule, check and verify if the seller owns the property and has a right to dispose it of," says Jain. In case he is a joint owner, he cannot sell the property without the consent of the other owner(s).

One way to be sure of ownership is to go through the house agreement. If you are purchasing a flat in a housing society, ask for the original share certificates. To double check, you can peruse the telephone and electricity bills as they are always issued in the name of the legal owner. Alternatively, you can check the housing society maintenance bill, which contains the owner's name and property tax details.

This will also highlight any pending charges that are due for the flat you want to buy. This is crucial because if the owner sells a flat without paying his dues, the society may recover it from the new owner. To avoid such hassles, ask the society to issue a no-due certificate as well as a no-objection certificate. Though this is not mandatory, you should insist on it, advises Vaidyanathan.

Any pending litigation on the property should also be a signal to hightail it. This is because you are bound by the result of the suit, and if the court establishes that the seller was not the rightful owner, you will have to hand over the property to the winning litigant. To check for pending litigation, go through the lis pendens registry at the sub-registrar's office, as it will contain the owner's name if there is pending suit.

Mortgaged properties are the other lemons you need to watch out for.

In such cases, the original documents are sure to be with the lending institution. So, if the seller fails to show you the originals, it's reason enough to be on an alert. If the seller claims he has cleared all debts, ask him to show you the bank's original discharge letter.

Some experts are of the view that a clear title is not assurance enough and one should consider contacting past owners to rule out fraud. As a safety measure, publish an advertisement in the newspaper stating that you wish to buy the property and inviting objections.

Source And Courtsey More Articale Log In :- http://articles.economictimes.indiatimes.com/2012-12-03/news/35568697_1_due-diligence-builder-projects/2

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