Discrepency in registeres sale deed( covered parking) and builder allotment letter( open parking) Discrepency in registeres sale deed( covered parking) and builder allotment letter( open parking)

1 year ago

Owner purchased flat and registered sale deed shows co ered parking, buildee alloted open parking( allotment letter) -owner satisfied and enjoying. Now flat for sale- I am prospective buyer- what legal steps should I take to prevent problems later if I ever wish to sale off.

Anik

Responded 1 year ago

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A.Dear Client,

The list of documents required before buying ownership flat :
The documents include- Sale Deed, Mother Deed, Building approval plan, Commencement Certificate (For under construction property), Conversion Certificate (Agricultural to Non-agricultural land), Khata Certificate and Khata Extract, Encumbrance Certifciate (EC), Betterment charges receipt, Power of Attorney(POA), Latest tax paid receipt, Completion Certificate (for a constructed property), Occupancy Certificate (for a constructed property).
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

You may take rectification deed in respect of such Discrepancy.

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Dear Sir,
You may purchase the property subject to fulfillment of following conditions. For more details visit the link.

12 Important Documents To Check Before Buying A New Property
1. Sale Deed:
A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is important that before the Sale Deed is executed one should execute the sale agreement and should check for compliance of various terms and conditions as agreed upon between the buyer and the seller. Before executing the Sale Deed, the buyer should check whether the property has a clear title. He/she should also confirm if the property is subject to any encumbrance charges.
* A seller should settle all the statutory payments such as property tax, cess, water charges, society charges, electricity charges, maintenance charges etc., (subject to the agreement) before executing the Sale Deed.
2. Mother Deed:
Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities. Mother Deed includes the change in ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a missing sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents. The sequence should be updated until the current owner.
3. Building approval plan:
A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP (Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region Development Authority) or BIAPPA (Bangalore International Airport Area Planning Authority) without which the construction of the building is illegal under the Karnataka Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the jurisdictional Commissioner or an officer authorized by such Commissioner. However, the authorities sanction a building approval plan based on the zonal classification, road width, floor area ratio (FAR) and plot depth. A set of documents are required to be submitted by the owner in order to obtain a building approval plan. The documents include- Title Deed, property assessment extract, property PID number, city survey sketch (from the Department of Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned plans (if any), property drawings, 2 copies of demand drafts, foundation certificate (if any) and a land use certificate issued by the competent authority (viz., Dy. Commissioner). It is mandatory that the building owner hires a registered architect who will draw a plan meeting the applicable bye laws. One can get a building approval plan within 4-5 working days if all the requirements are met, via the newly invented BBMP software- Automated Building Approval Plan.
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