hi,this is reagarding legal qary
LATHA PRASAD
(Querist) 05 March 2008
This query is : Resolved
i want to know have formats of legal scrutiny report of apartment and what are all the required documents apart from title deeds ,ec, kata, taxpaid plz help me
Prakash Yedhula
(Expert) 06 March 2008
While purchasing a constructed flat/apartment from its owner, the following matters may be verified and ascertained that they are correct to avoid any problems in the future. Remember if things mentioned below are not in order then either you may be subjected to heavy fines or even demolition of the property when time come. When you buy a property you buy it with its liabilities. Henceforth here are the few necessary checks that you must do. It is advisable that you hire an advocate to do this job as his fee would be a negligible fraction of the deal value but would ensure that you do not lose your money.
1. Permission for construction of flat/apartment and sanctioned plan should have been approved by City development authority/ Corporation / Municipality / Panchayat. In the event approval is not there the avoid entering into such deal. A general example of such a fraud in high rise buildings is selling you the 8th floor where approvals are obtained till 6th or 7th floor.
2. It must be checked whether promoter/seller has right to sell the property. This can be checked at registrar office by confirming the actual owner of the property.
3. If sale transaction is by a General Power of Attorney (GPA) holder whether general power of attorney is valid on the date of transaction/sale deed.
4. Flats/apartments constructed in violation of sanction plan should not be purchased. The violation could be the no of floors, covered area v/s open area etc.
5. Agreement to sell with promoter should be compulsorily registered in Sub Registry Office, there after sale deed also should be registered.
6. Verify whether occupancy certificate is obtained from the local authority.
7. Verify whether deed of declaration and Co-operative society or company is formed and registered.
