What are the documents required while buying a property?

  • All title deeds related to the property that you are planning to purchase. Make sure that you examine the deeds to establish the ownership of the property by seller, preferably through an advocate.
  • Take a close look at the approved layout plan, approved building plan, ownership documents, carry out search, etc
  • Check whether a ‘No Encumbrance Certificate’ has been obtained to ensure that no mortgage exists/has been existing on the property. Get a ‘No Objection Certificate’ from the Builder/ Society.
  • Get a full and true disclosure of all outgoings such as municipal and other local taxes, taxes on income, water charges, electrical charges etc.
  • Ask for any other information and documents as may be prescribed under the law.

Which are the documents that needs to be compulsorily registered?

The following documents are required to be registered compulsorily under the Indian Registration Act, 1908:

  • Every time the immovable property is sold/purchased, the agreement needs to be registered.
  • Instrument of gift of immovable property;
  • Other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in future or in present, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards to or in immovable property.

Which are the instruments that attract the payment of Stamp Duty?

The instruments like Agreement to Sell, Conveyance Deed, Exchange of property, Gift Deed, Partition Deed, Power of Attorney, settlement and Deed and Transfer of lease attract Stamp Duty on market value of the property.

What is meant by Carpet Area, Built-Up Area & Super Built-Up Area?

  • Carpet Area is the area enclosed within the walls, actual area to lay the carpet. This area does not include the thickness of the inner walls. It is the actual used area of an apartment/office unit/showroom etc.
  • Built up Area is the carpet area plus the thickness of outer walls and the balcony.
  • Super Built Up Area is the built up area plus proportionate area of common areas such as the lobby, lifts shaft, stairs, etc. The plinth area along with a share of all common areas proportionately divided amongst all unit owners makes up the Super Built-up area. Sometimes it may also include the common areas such, swimming pool, garden, clubhouse, etc. This term is therefore only applicable in the case of multi-dwelling units

What is a Sale Deed?

A Sale Deed, also known as Conveyance deed, is a document by which the seller transfers his right to the purchaser, who, in turn, acquires an absolute ownership of the property. This document is executed subsequent to the execution of the sale agreement and after compliance of various terms and conditions detailed in the sale agreement.

What are the documents that need verification before deciding to purchase of a Flat?

Before you decide to purchase a flat, you need to have a title and document search conducted by a competent advocate. You cannot do it yourself. You have to use the services of a competent advocate. It is a professional job to be done with professional assistance.

Who is liable to pay Stamp Duty; the buyer or the seller?

The liability of paying stamp duty is that of the buyer unless there is an agreement to the contrary. Section 30, of Bombay Stamp Act, 1958 states the liability for payment of stamp duty.

In whose name are the stamps required to be purchased?

The stamps are required to be purchased in the name of any one of the executors to the Instrument.

What is meant by the market value of the property and is Stamp Duty payable on the market value of the property or on consideration as stated in the agreement?

Market value means the price at which a property could be bought in the open market on the date of execution of such instrument. The Stamp Duty is payable on the agreement value of the property or the market value which ever is higher.

What exactly do we mean by a Free Hold flat? What are the advantages and disadvantages, if any?

A freehold property (plot or a flat) is one where there is a whole and sole owner(s), ownership is full and unconditional (within the provisions of the laws of the land) and there is no lessor / lessee involved.

How to convert a Power Of Attorney (POA) flat into a Free Hold one?

Power Of Attorney (POA) cannot be converted into anything. Leasehold properties of DDA in Delhi can be converted to freehold, as per provisions.

How can we verify the authenticity of various documents submitted by the seller of the house, particularly with regard to the possibility that the house has not been sold earlier to a third party?

Regarding authenticity of documents, again, you have to take the help of an advocate to verify.

A flat in a Cooperative Housing Society is to be gifted. What are the legal formalities? What about stamp duty?

Gift of an immovable property is considered as a ‘transfer’ under the provisions of the TOP Act and you have to have the transaction registered through a Gift Deed and pay stamp duty as per provisions of the relevant stamp act depending in which state the property is situated.

Upon buying a flat from a builder in a building under construction, what are the permissions and papers that one should check with the builder, so as to ascertain the genuinity of the builder?

When you are buying a flat from a builder in a building under construction, you have to check the following:

  • Approved plan of the building along with the number of floors.
  • Ensure that the floor that you are buying is approved.
  • Check if the land on which the builder is building is his or he has undertaken an agreement with a landlord. If so, check the title of the land ownership with the help of an advocate.
  • Check the building byelaws as applicable in that area and ensure that the builder is building without any violation of front setback, side setbacks, height, etc.
  • Check specifications given in the agreement to sell of the sale brochure. Is he providing the same actually on the ground or not?
  • Check the reputation of the builder.
  • Ensure that urban land ceiling NOC (if applicable) has been obtained or not.
  • NOC from water and electricity authorities also have to be obtained.
  • NOC from lift authorities.

Who is the appropriate authority for knowing the market value of the property?

The Sub-Registrar of the area, in whose jurisdiction the property is located, is the appropriate authority for knowing the market value of the property.

What are the risks associated in buying a flat on Power Of Attorney (POA) basis?

Purchasing a flat on a POA basis is not permitted under the law of the land.

Is a Power Of Attorney revocable?

Yes, a POA can be either revocable or irrevocable, depending on what sort of a POA one has made.

What is Aluminium Formwork System?

The system of Aluminum forms has been used widely in the construction of residential units and mass housing projects. It is fast, simple & adaptable. It produces total quality work which requires minimum maintenance and its durability is the prime consideration.

How is Aluminium Formwork System different?

This system is unique as all the components in a building, including slabs, floors, walls, columns, beams, staircases, balconies and window are concrete and there is no need for block works or brick works.

How is it advanced compared to Conventional system of construction?

– Each floor apartment’s floor, wall, staircase, balconies are done with one time concreting.
– Monolithic casting of apartments will mitigate the problems of leakages compared to conventional type of buildings.
– All Electrical & Plumbing points are provided to meet the requirements.
– The system is durable & robust as the whole building is of box type structure in Reinforced Cement Concrete.
– The formwork gives the box type design resulting in the walls giving support to all walls / slabs in two directions. As a result, the structures are more resistant to earthquakes.
– Architectural changes are not permitted upon final design completion.
– No form work material wastage / negligible wastage – Environmental Friendly construction method.

What are the advantages of Aluminium Formwork:

– No columns inside apartment & hence more functional space for customer are assured.
– Not having columns results in no internal offsets as we have continuous smooth surface finish offering better value to customer.
– Higher Carpet area due to less wall thickness
– Negligible Maintenance post occupation
– Assured durability of the housing units

How is Aluminium Formwork done?

All concrete (walls, slabs, staircases etc.) are poured at one stretch & hence there are no construction joints and no problems of leaking joints compared to conventional method. Smooth concrete finish means that no plastering is required & there by eliminating problems due to cracks / paint flaking.  Results in less maintenance. All four walls in a room, as well as the floor and ceiling, are cast-in-place reinforced concrete. The result is a rigid reinforced “box” structure, which has no joints and is very durable.

What are the salient features of Aluminium Formwork Technology:

1. The Pin & Wedge System:
The panels are held in position by a simple pin and wedge system that passes through holes in the outside rib of each panel. The panels fit precisely, simply and securely. They require no bracing. Buildings can be constructed quickly and easily by unskilled labour with a hammer being the only tool required. Once the panels have been numbered, measuring is not necessary.

2. Advantage of Speed & Quality
The in-situ construction of all walls and partitions reduces the requirement for follow-on wet trades. The concrete surface finish produced with the aluminium forms allows achievement of a high quality wall finish without the need for extensive plastering. Doors and windows are formed in position, with this high degree of precision items such as door and window frames can be directly installed on site with minimal re-sizing required.

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M/s. Durga Projects & Infrastructure Pvt Ltd.

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Ashoka Pillar Road, Jayanagar 1ST Block,
Bangalore – 560 011

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#102, Abishek Plaza, Exhibition Road,
Patna 800 001