Documents needed for resale flat
2 years ago
Hi. I wanted to buy a flat in Goa which is 8 years old. Apartments are in a resort. So when I asked for papers, the broker gave me sale deed that's all. But my parents are asking mutation, khata, encumbrance certificate. But broker is telling that all is not needed because construction has already happened. So I need some legal advice on this. What all documents should we verify before buying a resale flat?
A.Dear Client
Your broker is wrong as during the construction those documents cannot be there and can be created only after the completion of construction. For buying a property you need to evaluate these docs
Last Sale Deed
Mutation Certificate (If done)
Property Tax receipts
Khata/EC ( as per the local law)
Completion Certificate
Occupancy certificate
Last electricity bill in the name of the seller
NOC from the Association for sale
** If you need you can get in touch with our Partenr lawyer from Goa who can help you on this.
Your broker is wrong as during the construction those documents cannot be there and can be created only after the completion of construction. For buying a property you need to evaluate these docs
Last Sale Deed
Mutation Certificate (If done)
Property Tax receipts
Khata/EC ( as per the local law)
Completion Certificate
Occupancy certificate
Last electricity bill in the name of the seller
NOC from the Association for sale
** If you need you can get in touch with our Partenr lawyer from Goa who can help you on this.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to check the authenticity and genuinity of that Sale Deed in concerned Registry offices giving searching in respect thereof for 10 years so if there indicates the property transfer with such sale deed particulars on that date, then you will be able to know that the Sale Deed is genuine and if there are no other property transfer details in that search report, then you will be able to know that the seller till date has not executed any transfer Deed or agreement or mortgage in registered manner in this regard. However, you have to inspect that whether the original sale deed is in the custody of the seller or not.
Thereafter you have to check the mutation part of that part, whether it is in Seller's name or not.
Thereafter you can ask for an indemnity from the seller specifying that he has not executed any document in unregistered manner in favour of any other person by receiving part/ full payment.
Thereafter when you become sure about the marketable title of the Seller, then prior to purchase that property , you can give a Public Notice in this regard in the local newspaper.
Thereafter you have to check the mutation part of that part, whether it is in Seller's name or not.
Thereafter you can ask for an indemnity from the seller specifying that he has not executed any document in unregistered manner in favour of any other person by receiving part/ full payment.
Thereafter when you become sure about the marketable title of the Seller, then prior to purchase that property , you can give a Public Notice in this regard in the local newspaper.
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