• Concerns over buying a property

I have liked a property in Bangalore which i intend to buy.However I see below 3 major concerns.

1) The property has not got occupancy certificate which the seller/builder says they will get it eventually when the remaining towers get completed . Infact many buyers are already living in the completed 6 out of 10 towers . 4 towers are under construction. I am planning to buy a property in one of the completed 6 towers

As per the seller, pre-approved loans are available from leading banks like sbi , icici , hdfc etc .Does that guarantee the property is clean and under no litigation ? How to double check that ?

2) The unit i am targeting is a land owner share as per the seller .How to ascertain that they are legal owner . i dont want to spend a single penny before i guarantee i am getting into clean transaction .I want to take legal opinion on ownership and their right of sale. Please guide me regarding that before i pay the token amount of 1 lakh .

3 ) The unit is not complete from ready to move in perspective like electrical fittings, taps and comods, final coat of painting , door polish etc .The seller says they need some 60 to 90 days to complete the pending work and handover to me . seller says they will get it ready after the agreement is done i.e. 20 % amount is paid as downpayment . I want to take legal opinion regarding the unit and the property after the token payment and also ensure some clause is put in form of an agreement which ensures they are bind to finish the pending work and hand it over in a given time frame or else return the total amount .

Please guide.
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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8 Answers

1) builder should have OC for completed tower 

 

2) bank would have done due diligence. However there is no guarantee that title is clear and marketable 

 

3) take 30 years title search in sub registrar office 

 

4) don’t purchase the flat until OC is issued 

Ajay Sethi
Advocate, Mumbai
97667 Answers
7905 Consultations

The project is recent, it seems it is Real Estate (Regulation and Development) Act, 2016 registered. If it is so registered you have assurance from Real Estate (Regulation and Development) Act, 2016 authority.

  1. OC will be granted eventually, provided there is clearance from bmc and project does not violate any green laws. There is no guarantee  that bank will advance loans, no one can guarantee, not even the bank if any legal problem arises in future.    
  2. Take everything in writing and get the sale agreement registered though registration  is not compulsory as possession is given to buyer. Under Real Estate (Regulation and Development) Rules, every State has it format for sale agreement  use that format.

Check the following…

  1. Approved sanction plan from bmc. Check for any major violations like unauthorized floor.
  2. Title deed of owner of land. (original)
  3. Agreement between owner of builder. (registered)
  4. Real Estate (Regulation and Development) Act, 2016 registration if registered under the Act.
  5. Encumbrance certificate from SRO  to know previous transactions if any.
  6. If the transaction through GPA, the original gpa.
  7. If the flat is owner share/builder share check building agreement .
  8. Prepare a sale deed and take signature of both owner and builder before sro.

 

 

 

 

Ravi Shinde
Advocate, Hyderabad
4504 Answers
42 Consultations

You will need at least part oc or complete oc to move in. It is illegal to take possession before oc. You can buy the property. Even some of the banks don't give loans to property which doesn't have oc

Prashant Nayak
Advocate, Mumbai
32971 Answers
211 Consultations

1. Pre-approved loans do not guarantee that the property is clean and is under no litigation. To know as to whether the title of the property is clear or not,  obtain legal opinion from any Lawyer.

2.  To ascertain the real landlord, obtain his ID card. By obtaining legal opinion, you will get to know the real owner of the land.

3.  You can include the clause of completion of pending works in the agreement of sale.

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

- Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.

- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.

- Hence, in the absence of an Occupancy Letter, you should not suggested to purchase the said flat.  

- Further, as per RERA,, A builder cannot give possession to buyers without OC

- Further, you can ask the said builder other documentary proof for knowing the ownership of the land. 

Mohammed Shahzad
Advocate, Delhi
14798 Answers
225 Consultations

Dear Sir

Occupying the building without an OC is illegal.

The OC is necessary to know that the builder has not violated any building rules or laws.

It is not advisable to buy the property without investigating further about it.

Thank you

Anik Miu
Advocate, Bangalore
10435 Answers
121 Consultations

1. There is no guarantee that the property is genuine just because the financial institutions have granted home loans on the said property, they will recover the money legally if at all there arises any problem in this regard at a later stage, then the sufferer will be the buyer.

2. You may have to obtain proper legal opinion from a local lawyer  by producing the copies of the property related documents in order to confirm the genuineness of the property you desire to purchase.

3. You can enter into a sale agreement with the seller invoking all the clauses which would protect your interests in the property.

Obtaining an Occupancy Certificate is important before moving into a place to eliminate the risk of lawful eviction and demolition.

Without an OC, the municipal corporation does not supply the house with water, electricity, and sanitation connections.

The importance of the occupancy certificate cannot be overstated as it seals the legal status of your property and protects your ownership rights.

An OC certifies that the construction of the building has complied with the approved plans.

Landmark legislations like the Real Estate Regulatory Act (RERA) have been passed to regulate the sector, promote transparency and protect consumer rights.

However, consumers must be vigilant and understand their rights and responsibilities towards owning a property.

T Kalaiselvan
Advocate, Vellore
87869 Answers
2366 Consultations

1. Allowance of preapproved loan by Banks do not guarantee that the title of the property is clean or construction of the property is as per law. You are required to see the O.C. to be sure that the construction is in consonance with the sanctioned plan.

 

2. Obtain the copies of the Title deed of the land, development agreement,  POA registered in favour of the developer by the owner of the land, Sanctioned Construction plan, application for obtaining the O.C.etc. Thereafter get the said titles checked through an experienced lawyer. Buy some money for checking the ownership first bnefore paying anything to buy the flat.

 

3. First collect the documents mentioned above to get confirmed that the seller has a fair title to deal with the said flat. Thereafter  examine the copy of the agreement you are asked to execute by the seller and find out the flaws in it through which the builder can escape execution of completion of the property on time and handover the same to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27535 Answers
726 Consultations

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