Investing in real estate requires utmost care and attention given the the volume of money and legal aspects involved. There are several instances where buyers fall pray to chicanery later. So it is important to check for any flaw in the legality of the building or in the transaction. Exerting oneself a bit to get every aspect cleared would really worth it. Here are a few steps that may be helpful to avoid legal bottleneck while buying a flat or an apartment in a city:
Read title deed carefully
Read the title deed in detail, if not possible, hire a legal expert known to you to scan through it spot any loopholes or flaws.
Note safety measures
Note that provisions for all safety measures including fire escaping system are in place. Many a times it so happens that builders enclose such spaces to create additional rooms.
Regulatory zone
Check whether the building falls under any regulatory zone with regard to environmental protection. This can be availed from the local self government bodies where the flat intended to be bought is located.
Building rules
Enquire with the relevant LSG bodies whether the building is constructed as per the rules laid down by them. In Kerala, the Kerala Municipal Building Rules (KMBR) elaborately defines the do's and don'ts while constructing a building.
Refer to City Development Plan
Referencing the City Development Plan (CDP) and Master Plan to remain abreast of the latest building regulations and to know whether the flat you are planning to own belongs to a building, which adheres to the guidelines mentioned in it.
Check the nature of permit
Check with the engineer of the municipal corporation or municipality whether the building complex you're going to buy or reside has a acquired an absolute permit or provisional permit. If it's a provisional one one should be in the know that it always the stands a chance of being revoked. So always make sure that the building permit is absolute.
Beware of legal issues
Know whether the building complex was involved in any a legal battle before or is facing any litigation at present. Inquire painstakingly whether the building has cleared all the legal hurdles or has the absolute chances to come clear of any charges.
Display of building plan
Check whether copies of all legal documents including the plan of the building complex, where your intended flat is located, are displayed in a visible manner in the entrance hall of the building complex. It is mandatory for all multi-storey building complexes.
Check ownership details
Check whether the building complex is owned by multiple partners from whom one is buying the flat and if so ensure that there is no dispute between them and that there is no other claimant (s) to raise an objection later against your ownership of the property.
While buying a handed over property
When a buyer is acquiring a flat not directly from the developer but from a second or third generation owner, the easiest way to ensure the authenticity of documents is to know whether the property was bought through a bank loan. Also, it is better to make the purchase through a bank loan as banks are considered to follow stringent measures to secure adequate documents and to complete all the legal formalities.
