Need Legal Expert in Powai Area

Q: I am looking to buy flat in resale. I need Legal Expert in Powai area who can confirm required documents and can help in getting registration formalities completed.

Kapil Kathuria,

18th March 2016

Legal in Powai, Mumbai

documents required for resale flats

documents required for second hand flats

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Replies (3)

If the documents were genuine then there is no chance for fraudulent deals. So ask the seller to provide all original documents for checking/verifying. Things you should check before buying a resale flat are
1) Sale deed (Present Title deed) in name of present seller.
2) Encumbrance Certificate from date of purchase till date
3) Latest tax receipt and electricity bill & receipt for the said flat
4) NOC from the society for sale of the flat and Share certificates issued by the society if any.
5) Mother Deed’ or parent document
6) Agreement of sale & construction executed by developer in favour of seller(Ask to produce original agreement with builder)
7) Khata certificate & extract from BMP
8) Sanctioned building plan
9) Possession/occupancy certificate from builder
10) Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder
11) Power of attorney/s if any

Abhinandsavalla, Mumbai

24th March 2016

Comment

HI,
Ask the seller of the property for the following documents:- 1) ask seller to produce original agreement with builder, 2) issue of share certificate by society, 3)building completion certificate or OC issued by BMC, 4) NOC from society for sale of flat, 5) no dues certificate issued by society etc.

But it will be better if you can get the opinion of the advocate and proceed further.

Deepankar Godbole, Mumbai

24th March 2016

Comment

But remember 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 is also necessary 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.

Shantanu Kumar, Mumbai

24th March 2016

HI Kapil,
These are the required documents 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.

Shantanu Kumar, Mumbai

24th March 2016

Comment

Hi Shantanu,Yes, the above mentioned points are right but sometime it is found that 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.

Rishi Dev,

24th March 2016