You have the property of your dreams and even negotiated with the seller on all terms and conditions. But, before you seal the deal with your sign, have you ensured that all documents are in place?
The first step after choosing the property is to create a complete checklist of legal documents required to complete the purchase of the property. Every property entails significant investment and this is why it is extremely important that the paperwork is complete and in order. Clean paperwork means that you have clear title and ownership of the property. If at all any dispute arises in the future, you can prove your ownership without any hassles. The legal documents also serve as evidence that all formalities related to municipal and local authorities have been complied with.
The important legal documents that you must take care of while purchasing any property or office space in Mumbai:
This document states that the property has been sold to you. It spells out the terms and conditions of sale along with detailed description of the property being purchased.
The title deed is a proof that transfer of title from seller to buyer has taken place. It is required to be registered with sub-registrar’s office which has jurisdiction over the area where the property is located.
This certificate certifies that the property being purchased is listed in the records of local municipal records.
Encumbrance certificate certifies that the property is free of any encumbrances or loans and is produced at the bank when loan against property is sought.
Occupancy certificate is given by local municipal authority to certify that the construction of property is complete and it has been constructed as per the approved plans. This certificate gives an official go-ahead to buyers that the building is ready and safe for occupying.
Approved Building Plans
Builders have to get the building plans approved by the local authorities before the construction begins. The buyer must check such approvals and ensure that the building and floor plans are in line with the approvals given. Otherwise, the entire project can run into trouble with local authorities directing stoppage on all construction.
Power of Attorney
Make sure that the person who is selling the property is either owner or acting on behalf of the owner. In the latter case, such person must produce a power of attorney which specifically authorizes him or her to carry out the sale of the property in question. In the absence of authority, the sale would be null and void.
New buyer must ensure that all previous taxes to be paid in regards to the property are paid by the previous owners if not the same shall be payable by the buyer.
Apart from the above mentioned documents that are a must in every property purchase, there may be a requirement of other legal documents that vary on the nature of the transaction. As a buyer, it is advisable to hire a good lawyer when buying a property so that you avoid all pitfalls related to legal documents.