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Legal documentations in acquiring an apartment

Finding a home might be easy but settling down might be a little tedious. Builders in Trivandrum give a comprehensive outlook on various legal documents that are required at the time of selling to avoid problems in the future.

To own a home is a dream for everyone. Having an own house brings great peace of mind and joy. From choosing the right address to settling down in your own space needs time, patience and knowledge about the procedures. A buyer needs to follow certain procedures while settling down on a property in India.

The first thing a buyer needs to check is the tenure, legal right of the holder of the land in government records. The land on which the property you are buying can come under freehold, leasehold or could be under a government grant. Freehold land is the most preferable. The buyer needs to know the nature of the property, whether it is residential, commercial, industrial or agricultural one. A buyer essentially needs to know if the building is constructed on a freehold or leasehold land.

The Real Estate (Regulation and Development) Act, 2016 has put forth certain rules and regulations to builders to follow, to protect home-buyers. The regulation has made every potential house buyer safe at bay before boarding. The under-construction projects have gained innumerous bad reviews that the demand for the ready-to-move flats has increased.

The ready-to-move in property has the benefit of moving in any time a customer wants or make use of the space. Unlike an under-construction property, a ready-to-move unit will allow you to save your expenses on current accommodation, which can be used to pay installments for the home loan.

Experts in real estate and pioneers in construction sector advice buyers to follow certain procedures and norms while choosing and finalising home. Most home buyers in India rely on home loan in acquiring their home. They must be checking for documents from the owner claiming the clear title of ownership and government approvals. Sun Homes, a pioneering builder in Trivandrum put forth some insights into legal documents required while purchasing a property in India.

  1. A sale deed or conveyance deed is the most important document while purchasing a new house. The documentation of deed happens between the seller and the buyer. It is the main document stating the transfer of property from the seller to the buyer. The document will ascertain whether the apartment complex land belongs to the society/ builder/ development authority. The buyer needs to confirm that the seller has the full right to sell the land. The buyer can also check for previous deeds to further ascertain the facts.
  2. Completion certificate is issued by the municipal authority on completion of a project.
  3. Occupancy certificate is issued by a government agency which checks for the property fitness. The certificate approves that the builders have built the apartment in accordance with the approved codes and laws so that the buyer is always safe. Both Completion and Occupancy are essential certificates if the buyer is seeking a loan from any bank, or while applying for water, sanitation, and electricity connection.
  4. Encumbrance certificate.
    Encumbrance means the charges or liabilities created on a particular property, whereby it is held as a security for any debt of its owner which has not been discharged as on date. The certificate can be obtained from the sub-register office within 2 weeks of time. Banks demand an encumbrance of 13 years for a property. This certificate will show the genuineness of owner’s title. In normal course the certificate will be fool proof document.
  5. An advocate issues Title certificate after checking the title of the property the buyer is intending to purchase. The seller needs to annex a copy of Title certificate along with “Agreement of sale” while the purchase is made. It would state clearly whether or not there is any existing mortgage, litigation, condition or claim, which is likely to affect the title of the buyer adversely.
  6. Location of the property and building plan are essential documents which needs to be crosschecked before finalising a property. The document should contain distance from main roads to the property, landmark of the property, boundaries and measurements. Building plan is approved by the local municipal authority. Buyers can thus verify the authenticity of the property agreed through a governing body. Any unauthorised or additional construction runs the risk of being demolished or denied occupancy later on.
  7. Building Tax receipt
    The local governing body issues the tax receipt to the property owner on settling property taxes. The document identifies the owner in government records and establishes tax liabilities. The buyer needs to be sure that electricity and water bills are paid and no balance payments are to be made.

Sun Homes, one of the top builders in Kerala, believes in informing home buyers about every detail of the property to avoid legal problems in the future. Builders that have the trust of their customers make sure that they adhere to the procedure and norms for the smooth completion of purchase.

 

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