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Property
Buying Tips
Buying a property is perhaps the single biggest
investment made by a person during his lifetime. Thus one needs to
exert due caution in buying a house lest one's precious savings
goes down the drain. After zeroing in on the desired property, one
still would have to wade through a formidable maze of tedious
legalities and endless paperwork. So in order to cruise home in
style, one ought to acquaint oneself with various legal jargons
and other technicalities.
The Title Deed: The Title Card is an investigation into the
title of the land over a period of 30 years and states whether the
property is unencumbered and has a clear and marketable title. The
detailed report should be prepared for the seller by his lawyer
and should be checked by the purchaser's lawyer. If the title were
not clear and marketable, most of the major financial institutions
would refuse to finance this property. Hence one could approach a
financial institution to check if they would provide a loan for
that particular property.
Property Under Construction: For a project under
construction, one should ask for the Allotment Letter and
Development Agreement. The Allotment Letter contains details
regarding the agreed price, payment and construction schedule,
house plans, delivery date and builder's liability in case of late
completion or problems after possession. It is issued to the buyer
upon payment of the 15% of the property value to the developer.
The Development Agreement is inked between the builder and the
landowner and contains details regarding the terms and conditions
on which the landowner has permitted development of his property.
Constructed Property: In case of constructed properties,
one should ensure that the seller has the title and possession of
the property as well as the right to transfer the property. Check
if the building adheres to relevant municipal/planning authority
requirements. Ensure that there are no tenants and get a
declaration that the property was purchased from the seller's
funds and is not mortgaged. Check whether dues such as property
tax, society, water and electricity bills, etc. have been paid in
full. Make sure to take possession of all relevant documents and
also the original allotment letter, completion certificate,
occupation certificate and all other documents given by the
original builder.
Stamp Duty and Sale Deed: The stamp duty is usually a
percentage of the transaction value levied by the state government
on every registered sale. The agreement to sell clearly states the
stamp duty, which is usually paid by the buyer, and he gets his
name registered in the land revenue records. The final Sale Deed
should be stamped and registered at the appropriate local area
office. Both, the developer/seller and the purchaser need to be
present at the sub-registrars office for registering the
agreement.
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