What to look before purchasing of a flat?

C.A Alok Mukherjee (Querist) 14 July 2010 This query is : Resolved
Can anybody please help me what are the preliminary steps one should check for or take legal assistance for buying a flat from
a private promoter? It is often questioned about the integrity of a promoter, what additional precaution the buyer should check before the booking of flat as well as after the booking of a flat?
Please provide me a guideline.

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Guest (Expert) 14 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

STEPS BEFORE PURCHASING THE FLAT.
1.YOU MAY KINDLY NOTE THAT BEFORE PURCHASING FLAT OR ANY HOUSE OR OTHER PROPERTY IT IS VERY ESSENTIAL THAT ONE SHOULD TAKE EXPERT LEGAL HELP.
2.FOLLOWING STEPS AND PRECAUTIONS CAN BE TAKEN BEFORE MAKING ANY PAYMENT.
A.YOU MAY KINDLY TAKE A SEARCH REPORT OF THE SAID PROPERTY.SEARCH REPORT IS GIVEN BY LEGAL EXPERTS AFTER VERIFICATION OF PROPERTY RECORDS FOR CERTAIN NO.OF YEARS.IT WILL CONFIRM THE OWNER OF THE SAID PROPERTY AND IN CASE THE SAID PROPERTY IS FREE FROM ANY ATTACHMENT BY BANKS OR AND OTHER FINANCIAL INSTITUTIONS.AND WHETHER THE TITLE OF THE OWNER IS CLEAR AND TRANSFERABLE AS PER PROPERTY RECORDS.THIS CAN BE DONE THROUGH LEGAL EXPERTS AT REASONABLE CHARGES.
2.GENERALY IT IS SAFE TO ISSUE A LEGAL NOTICE IN THE NEWS PAPER INVITING ANY OBJECTIONS TO THE PURCHASE OF SAID PROPERTY.THIS CAN BE DONE THROUGH LEGAL EXPERTS AT REASONABLE CHARGES.
3.ALL AGREEMENTS ENTERED IN TO SHOULD BE REGISTERED SO THAT CAN BE LEGALY ENFORCED.AND KINDLY MAKE CHEQUE PAYMENTS OR TAKE APPROPRIATE STAMPED RECEIPTS OF ALL CASH / CHEQUE PAYMENTS MADE TO THE OTHER SIDE.
4.KINDLY CONFIRM WITH LOCAL AUTHORITIES REGARDING NO OBJECTION CERTIFICATE FOR CONSTRUCTION OF SAID PROPERTY WHETHER SUCH NOC IS ISSUED OR NOT. AND WATER SUPPLY, ELECTRICITY FITTINGS AND COPPLETION CERTIFICATE IS THERE OR NOT.

KINDLY NOTE THAT YOU ARE INVESTING YOUR HARD EARNED AMOUNT IN THE SAID PROPERTY HENCE IT IS ADVISIBLE TO GO THROUGH LEGAL EXPERTS AND EVEN IF YOU HAVE TO PAY LEGAL EXPERTS CHARGES ,IT IS WORTH AS IN CASE TITLE OF PROPERTY IS NOT CLEAR YOU MAY FACE PROBLEM IN TRANSFERING YOUR NAME ON THE SAID PROPERTY AND FURTHER SALE OF SAME.
THANKS.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
YOU MAY WRITE OR CALL OR SMS AND SEND DETAILS FOR ANY FURTHER HELP .GOOD LUCK.
THANKS

adv. rajeev ( rajoo ) (Expert) 14 July 2010
Nandkumar Sir has explained in detial. I agree with him.

G. ARAVINTHAN (Expert) 20 July 2010
better to contact and show all documents to a local counsel

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