DOCUMENTS REQUIRED TO BUY 2ND HAND USED FLAT IN MUMBAI

Q: Dear Sir,
i'm planning to buy a 2nd hand used flat. The owner and his wife has passed away. Now the son owns the flat. Title has not transferred to him. The original owner has just 2 sibiling. Son who is staying now in the flat, has a married sister outside. Also he has two sons.
What documents are mandatory for me to buy this flat. It is about 27 years old and going for redevelopment within the next 1 year. I plan to pay full cheque payment.
thanks
F A Menez

felix menezes , Mumbai

11th August 2015

Legal in Mumbai

documents required for resale flats

documents required for second hand flats

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Replies (2)

You are right Arup,
Also required is an assessment bill to the Society from the municipality in question, a NOC from the Collector if the building exists on Collector's land, a copy of the property card, and a receipt for the payment of registration fees. In addition, the buyer of a resale flat should ask for a clear ownership history if the residential property has changed hands before.

Sunil Joshi, Mumbai

12th August 2015

Comment

Dear Sunil,

thanks yours. Since the society is in existence since last 25 years, don't you think Original Sale deed, society NOC, flat owner electricity bill payment proof and society maintenance payment proof is sufficient?
The original owner seem to have lost he original Share certificates, flat payment receipts etc. The whole file is misplaced/lost as it was originally managed and maintained by the parents of current owner (their son).
Society is willing to issue duplicate share certificates based on filing police complaint by the flat owner.
What do you suggest.

felix menezes , Mumbai

13th August 2015

Hey Felix,
As i know that society share certificate is most important document and the further transaction is not possible without it. So, at the same time, proper transfer and re-registration is necessary. Better, you should take the advice of a legal expert and then proceed.

Sunil Joshi, Mumbai

17th August 2015

Hi Felix,
All the documents that are applicable for a primary residential property sale would be required for a clear resale flat transaction, as well. The seller should be able to produce all original documents.

The original sales deed and the Society share certificate are most important, since the transaction cannot proceed without them. Also, the buyer should bear in mind that in the case of a resale property, proper transfer and re-registration is necessary. A letter from the society that reflects details such as the number of floors in the building, the construction year, the apartment's built-up area and the number of lifts in the building.

Arup rajan, Mumbai

12th August 2015

Comment

Hi Felix,
Checklist before buying a resale flat:- 1) Construction agreement, where the Saleable area and common areas are mentioned, 2) UDS registration document, 3) Sale Deed, 4) Parent document for the Land on which the apartment is constructed, usually, it will be photocopy of all the documents bound as a book, 5) Floor plan of the apartment with structural drawings ( some banks as for this and some doesn't), 6) Property tax receipts, 7) NOC from the lender bank in case the previous owner bought it on loan, Recent Encumbrance Certificate applied on your name.

sonyarai,

12th August 2015

Yes, it is true and sometimes, the previous owner may not have cleared the dues with the society or building management, which would need to be deal out by the new owners.The other results might include minor expenses allotted towards home makeover, parking/security charges, society membership fees and a couple of other overheads. So, check all these paper before go for the second had flat.

Shaunak Verdla, Mumbai

21st August 2015