• Original documents

What original document owner/builder of a four floor independent floors homes can hand over to each floor different purchasers
How can all four purchaser receive original plot & construction documents?
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

No. The builder is not supposed to give original papers regarding JDA or POA to each owner. 

Once deed of sale is registered this is enough proof. 

Otherwise one can get certified copy of JDA and POA with them. 

Another option is to keep it with one owner in rotational manner with free access of inspection to others whenever requirement arises. 

Devajyoti Barman
Advocate, Kolkata
23351 Answers
522 Consultations

You would receive certified copy of title documents, building sanctioned plans, OC 

 

 

Ajay Sethi
Advocate, Mumbai
97598 Answers
7900 Consultations

Builder is responsible to confer clear and marketable title to property 

 

2) he should indemnify purchasers in case any claims are made by third parties 

Ajay Sethi
Advocate, Mumbai
97598 Answers
7900 Consultations

You have to take possession from builder and all mutation papers. If the building is already constructed than all flat owners will be the owner of land and individual flat owners size.

Builder liabilities are to prepare cooperative housing society or association as per the state government rules and hand over possession to society or association accordingly.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

In order to avoid problems from coming up in future, always conduct a brief research of all the property documents checks before buying property or selling one in metropolitan cities or any other urban or suburban cities.

Below you can find the list of documents required before buying ownership flat or of any other property. Whether you are buying it from a builder or from some Gram Panchayat of a State, it’s advised that you consult someone for a better understanding 

Title deed,

Construction clearance certificate or completion certificate,

Building  approval plan or approved layout plan, 

No Objection Certificate or NOC: (The certificate of No Objection is one of the most crucial documents to check before buying a flat from a builder which is issued by the concerned local authorities stating that there are no discrepancies in the present plan and that it can be duly executed. )

 

Land use certificate: A land use certificate is mandatory, as it states the purpose for which the land is to be used.

 

Encumbrance certificate;

Completion certificate;

Occupancy and possession certificate;

 

For a better understanding of the necessary official papers, let’s have a look at the documents to be verified before buying a flat, house, land, plot, etc:

  • Sale Deed:

Sale deed includes all the necessary details about the buyer as well as a seller of the real-estate possession. Only when sale deed is executed can we say the sale of a possession become final.

  • Mother Deed:

Also known as the parent document of a real estate, the Mother Deed of helps in knowing the actual origin of the property and act as an essential document in case of resale of property.

  • Conversion Certificate:

The Conversion Certificate is issued from the competent revenue authority on the request of the revenue authority to convert the land for non-agricultural purpose. 

  • Khata Certificate:

The term Khata means account. In case you are transferring property from one person to another, Khata Certificate is necessary for such transactions.

  • Power of Attorney:

Through the Power of Attorney, a person appoints another person to act on their behalf. He legally authorises the appointed person by way of either General Power of Attorney or the Special Power of Attorney. 

  • Tax Paid Receipts:

Apart from all necessary papers, receipts of the tax paid by the owner of the property play a vital role. The taxes that are levied on it are property tax, house tax and other taxes that are levied by the Municipality.

 

 

T Kalaiselvan
Advocate, Vellore
87800 Answers
2365 Consultations

Builders will have to give 5-year warranty against structural flaws as per RERA

RERA lays down that "In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act."

structural defect refers to a deficiency in a building where the structure fails to perform in a manner that is reasonably intended by the buyer. "It may arise due to a fault in design, material or construction quality. While material deficiency causes leakages and dampness, construction flaw leads to cracks in foundation, plumbing issues, electrical and mechanical problems etc."

There have been cases where a project is designed for a particular location, keeping in view its soil conditions, but the structure comes up in some other area with different soil conditions which often causes structural faults. "Apart from going by the rulebook on construction engineering, a developer will have to keep a check on contractors who sub-contract the work and also keep an eye on pilfering so that he is not hauled up at a later stage.

So, if a developer wants to save himself from the pain of poor construction, he will have to keep tabs on agencies he conducts business with.

 

 



 

 

T Kalaiselvan
Advocate, Vellore
87800 Answers
2365 Consultations

- Legally the builder cannot handover the original property documents to each and every purchaser , and can give certified copy of the same for future purposes. 

- Out of property documents , the builder will provide other necessary documents in original to each buyer like  building sanctioned plan, property clearance paper etc. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

It's builders liability to do so. If not done you can approach consumer court

Prashant Nayak
Advocate, Mumbai
32931 Answers
209 Consultations

You can apply and obtain Certified copies of all neccesary documents . 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

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