Documents to be verified
before Purchase of a Flat?
Before you purchase a flat, you have to have a title and document
scrutiny 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.
What is the difference between Built up Area, Super Built up Area
and Carpet Area?
(a) Carpet Area : This is the area of the Apartment
/ Building which does not include the area
of the walls.
(b) Built up Area : This includes the area
of the walls also.
(c) Super Built up Area : This includes the Built
up Area along with the area under common spaces such as the Lobby,
Lifts, Stairs etc. This term is therefore only applicable in the
case of multi-dwelling units.
What are all the important documents one should check before buying
any property?
If you want to purchase a property, you have to look at the approved
layout plan, approved building plan, ownership documents, Encumbrance
Certificate, etc. Contact an advocate before you purchase a property
so that he can advise you.
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.
The Stamps are required to be purchsed in whose name?
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 whether Stamp Duty is 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 is the prevailing practise for fixing
guideline value in sale of flats in the case of Newly Built Flat
or Old Flat?
a) When a newly built flat is registered the stamp paper is to
be paid for the undivided share of land which is to be conveyed.
b) When an old flat is registered the Stamp paper is to be paid
for the total consideration. (i.e. for the land and building).
Which are the instruments that attract payment
of Stamp Duty on?
The instruments like Conveyance Deed, Exchange of Property, Gift
Deed, Partition Deed attracts Stamp Duty on market value of the
property.
Who is the appropriate authority for knowing
the market value of the property?
The Sub-Registrar / District Registrar of the area in whose jurisdiction
the property is located is the appropriate authority for knowing
the market value of the property.
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 verify the authenticity of the 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.
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 what 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 Specifications given in the
Agreement to sell off the Sale Brochure. Is he providing the same
actually on the ground or not? Check the Reputation of the Builder.
What are the Extra Charges that a transaction
comprises of?
I. a) EB Deposit for 3 Phase connection and expenses.
b) Underground Drainage Connection Deposit and
expenses.
c) Water Connection and expenses.
d) Property tax assessment and tax expenses
and
e) Sales Tax as applicable.
II. Car Parking if applicable as this depends
on whether or not a slot is opted for.
III. Stamp Duties and Registration Expenses.
IV. Monthly maintenance Charges
V. Corpus Fund.