What is the Legal Process for Buying a Flat in India ?

legal process for buying a flat in india

Legal Process for Buying a Flat in India

These 8 steps legal process for buying a flat in India helps you to protect yourself and your family from fake or fraud real estate dealers.

Step 1: Title Verification

As a first step, the buyer must first confirm the existence and validity of the property title. It must be free of previous unpaid mortgages or installments. Examine all documents for a minimum period of the last 12 years, up to 30 years for any legal discrepancies.

Step 2: Seller’s Identity Verification

As important as verifying the title documents of the flat, if not more, is verifying the identity of the seller. Insist on examine valid legal documents like a PAN Card, Aadhaar Card, etc. In the case that the seller is an organization, check the legal documents related to the registration of the company, the TAN number, etc.

Step 3: Documents Related to Land Use

Determining the type of land (residential, commercial, industrial, non-agricultural, mixed-use, etc.) is a crucial step. Various state and national laws prohibit the use of land for purposes other than those for which it is intended. If the land and its usability have been legally converted, look for land conversion documents.

legal process for buying a flat in india

Legal Process for Buying a Flat in India

Step 4: Construction Approvals

In the case of an already constructed building, it is mandatory to verify the building or the design plan. It must be sanctioned by municipal authorities, government agencies, legal and regulatory authorities, etc. to provide electricity, water, environmental clearances, fire safety, etc.

Step 5: Occupancy Certificate

The seller must obtain a Certificate of Occupancy (OC) before transferring title deeds. A lack of OC (Occupancy Certificate) could create serious problems for the buyer, ranging from heavy penalties to demolition of the property.

Step 6: Payment of Taxes

If the seller has not paid property taxes, it attracts heavy fines that result in poor value. Be sure to check with the municipal authorities that the seller has not defaulted on tax payments.

Step 7: Mortgages and Other Claims

In the event that the floor or building or land is in dispute for any reason, the chances of a lien exist are very high. Check government websites where property registration information is available. You can also issue a public notice in the newspapers, before completing a financial transaction. Third-party claims, if any, are always better to consider from the start.

Step 8: Compliance under RERA

And the last but most important due diligence: check to see if the property is registered under your state’s RERA (Real Estate Regulatory Authority). The RERA (Real Estate Regulatory Authority) website also provides information on any cases or complaints filed against the developer, defaulted payments by the developer, etc.

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