Legal Checks you need to do while buying an Apartment in Bangalore

3 years ago

Legal Checks you need to do while buying an Apartment in Bangalore

Real estate often entangles people in unnecessary lawsuits and litigations if the legal aspects of a property are ignored or overlooked while in a transaction or during a transfer of property. Examples of such cases are plenty. There are thousands of properties for sale and apartments for sale in Bangalore which sometimes seem so lucrative for the buyers that they are often seen to overlook the legal aspects of it and land up in legal problems and hassles.

As the real estate market has emerged to become even more dynamic due to the rapid expansion of the market and faster pace of urbanization, it becomes even more crucial for the buyers to handle the sale and purchase of properties and homes even more carefully than ever before. If you are aspiring to own a home or an apartment in Bangalore and are aware of the legal checks but wondering where to start from, then the below checklist is for you to start the due diligence. Below we mention the required information that you should collect from your developer or the builder before you finalize the deal and sign the dotted line.

Points to Ponder on before purchasing an apartment

  • Mother deed or the sale deed: The sale deed or the Mother deed is the most important document that helps you to trace the real ownership of the land on which the property is built. This document would give you the entire details of the land property relating who was the owner of the property initially and the subsequent transfer of the property to the later buyers. The original sale deed or the agreement should also be checked and not a photocopy as the original may be mortgaged and in that document it should be specified that the property is registered in the name of the developer. In the case of joint development, the owners’ names should be on the original sale deed.
  • Khata Certificate and Tax Paid Receipts: The Khata Certificate should be in the name of the developer if he or she is the owner of the land on which the building is developed. If it is a joint development, the Khata Certificate should be in the name of the landowner and the same name should be in the tax receipts. You should also check that the tax is paid up to the last date and there are no dues.
  • Encumbrance Certificate: The latest Encumbrance certificate should be obtained from the sub-registrar’s office to find out the details of the last thirty years to check if there is any encumbrance on the land.
  • Joint Development Agreement: If the development is done jointly, the joint development agreement entered into by the developer and the landowner has to be examined thoroughly. You also must check the ratio in which the build-up area is divided between the developer and the landowner.
  • Sanction Plan: It should be thoroughly verified whether the building plan of the apartment is duly sanctioned by the local authorities along with the validity of the sanction plan. The commencement certificate of the plan should also be checked and a confirmation from the local municipal authorities should also be obtained stating that the building adheres to the norms and the bylaws.
  • Approved Plan: You should also check the approved building plan by the respective government authority and the plan of the portion that is being purchased.
  • NOCs: If needed a NOC should be obtained under the provisions of the Income Tax Act and also the Urban Ceiling and Regulation Act.
  • Occupancy Certificate: The local authorities issue the Occupancy Certificate to the builder once the construction is complete and all the sanctions are obtained which is an important document for the building to be declared as reliable for occupancy. This is normally issued by the local municipal authorities like the BBMP or BDA or the local authorities according to the jurisdiction. The buyers should obtain this and should also check that due approvals from all the relevant authorities like the Area Development Authorities, Electricity Boards, Water Supply and Sewage Boards are duly obtained.
  • Legal Safeguard: It is also advisable that the apartment owners together file a joint declaration under the Karnataka Apartment Ownership Act 1972 and get it duly registered to attain the legal rights and the safeguards provided under the provisions of the law.