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.
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.
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 purchased in the name of any one of the executors to the instrument.
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.
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).
The instruments like Conveyance Deed, Exchange of Property, Gift Deed, Partition Deed attracts Stamp Duty on 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.
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.
Regarding authenticity of documents, again you have to take the help of an advocate to verify.
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.