Checklist for Buying Property in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar Baddi

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Last Updated on June 5, 2018 by Legalseva.net

Property buying in India is fraught with many legal risks as there are so many complications and factors to consider before taking the final plunge into real estate world. It is only after the purchase that buyer realizes; many other aspects of property could have been looked into before making the final call and ensuring maximum return on investments.

Also Read- PROPERTY TRANSFER IN CHANDIGARH PANCHKULA MOHALI ZIRAKPUR

Let’s get to the factors straight away:

  1. Verification of title & Ownership of seller
  1. Title Doc – In whose name the property stands.
  2. Nature of Title- In what capacity does the owner possess the land.
  3. Development Rights- Whether he has got the right to construct the property or not.
  4. All Docs Stamped and & Registered at office of Sub-Registrar. Stamps of appropriate value is a must for giving legal colour to the transaction.
  5. Khata no. in name of Seller- Check the latest Jamabandi’s and the share coming in your kitty whether belongs to the seller or not. Check Khasra-Khatoni, mode of transfer, comments of kashkar in the jamabandi.
  6. Previous Litigation- Any case pending in the court of law regarding the said property. You can check in the latest jamabandi’s or with the tehsildar who is maintaining the land record.
  7. Availability of Ongoing Title Documents with Seller. Kindly ensure that the papers are in order.

 

  1. Identity of Seller
  1. Residence Status/Nationality – Is he selling the property as an Indian National or a foreign citizen? The rights differ for both of them, so choose carefully.
  2. Joint Owners- Is the property owned by brothers? Who are having the share? Is partition done already? Can the co-sharer sell his own share and whether the others will accept it? Legally thy can refuse if any outsider purchases the land. So be aware whether the property is free from discord in the family.
  3. Company, Trust or Firm- If the company is selling it to you, just ensure that the company is the rightful owner and the property solely belongs to them.
  4. Minor/Unsound- if there is any minor or unsound person involved then the consent of nect guardian should be looked into.

 

Also See – PAY PROPERTY TAX IN ZIRAKPUR

 

  1. Conversion & Land use permission from Town Planning Department of the State-  The land on which the project is created whether it has been acquired by due legal process or not. If it is an agricultural piece of land then the Change of Land use charges must  be paid to the government and necessary license for raising a colony should be taken up by the department.

 

  1. Construction Approvals-  Whether the building plan is approved by competent authority and all necessary approvals from all department concerned like Fire & Safety, Pollution Board, Environment , Forest Department , Civil Department concerned are sought or not.

 

  1. Occupancy Certificate-   The master document which declares property fit for habitat. By all means property is livable and equipped with basic connections of water, drainage, sewerage, sanitation and other basic amenities. In case the property doesn’t have occupancy certificate, the government can take over the property and leave the buyer in lurch.

 

  1. Check Status of Tax– Whether all sorts of taxes are paid on the property or not? The most important of all is the property tax for past many years. If the previous owner has not paid it then the new buyer must pay off the taxes to get the right ownership for once and final. There can be no workaround with this rule.

 

  1. Encumbrance– Any entry in books of Registrar regarding property. For company corporate check Registrar of companies office to see the financial strength of the company. If there is any charge created or transferred to the property, then you have to repay the debt to be true owner of the property.

 

  1. Physical survey and access to the property-   Do have a look at where is your intended property located? Is it accessible from the road or easementary rights are exercisable or not without any force? Is there a stoppage or blockage in accessing the property? Do find out what is situated next to the property? Animal farm, butcher farm, garbage dump plant, stinking choe or a wonderful playground. Always buy the property seeing the adjoining region and construction around it so that you can appreciate the value of property in coming days.

 

  1. Compliance under RERA (Regulation & Development) 2016 –  The law is pretty clear for all the new projects, ongoing projects and project where ‘Occupancy Certificate’ is given that compliance of RERA is mandatory and non-registration will invite heavy penalties and even simple imprisonment to owners of the Real Estate project/builders. Do check the RERA number before short listing any project of your reference.

 

Read Also- DRT AND TENANCY RIGHTS: WHERE THE DISPUTE LIES?

Conclusion- There can be more to this post but it is good for the beginning. We’ll move to the advance level once the audience is familiar with the concept of property buying in the tricity.

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Knowledge is key and that key is to your new house. Choose carefully, manage smartly and think logically when buying the property.

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