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Below mentioned is the checklist for buying a property with brief explanation:
1) Land titles/ construction permits/ Approvals from authorities :
2) Agreement :
3) Title clearance certificate :
4) Income Tax clearance (37-I and 230 A):
5) Stamp duty and registration:
6) Society clearance and membership:
7) Taking possession of the flat:
Checklist for buying a property
1) Land titles/ construction permits/ Approvals from authorities :
- Ownership of land in favor of the builder;
- Conveyance of property in favor of the society;
- Urban Land Ceiling and Regulation Act clearance certificate, if applicable;
- Power of Attorney executed by the landlord in favor of the developer in case it is joint development between landlord and developer;
- Permission to use land for non agricultural purpose;
- Original plans approved by municipal authorities (total area, number of floors, etc.)
- Commencement Certificate issued by municipal authorities permitting the developer to begin construction;
- Occupation Certificate issued by authorities certifying that the building is complete and fit for occupation.
2) Agreement :
- Check the serial number of flat, floor is clearly indicated in the agreement;
- Carpet area/built-up area and purchase consideration of property is clearly stated;
- Floor plan of the specified property is annexed with the agreement;
- All the amenities (type of construction, floorings, doors, windows, sanitary, water supply, electrical fittings, etc.) are clearly specified;
- The agreement is duly stamped and signed and lays down a payment schedule.
- Original stamped receipts and previous sale/conveyance deed in case of resale properties;
3) Title clearance certificate :
Obtain a title clearance certificate from the advocate certifying that the property intended for purchase is unencumbered and has a clear marketable title.
4) Income Tax clearance (37-I and 230 A):
A transaction is incomplete and invalid if No objection certificate from the Appropriate Authority is not obtained in case of immovable properties in certain cities transacted above a certain value.
The current 37-I limits have been laid down for various cities as under:
| Sr. No. |
City for which Form No. 37-I is required to be filled |
Provided the apparent consideration exceeds |
| 1. |
Greater Bombay |
Rs. 75 lakhs |
| 2. |
Delhi |
Rs. 50 lakhs |
| 3. |
Calcutta, Chennai, Bangalore, Ahmedabad and Pune |
Rs. 25 lakhs |
| 4. |
Chandigarh, Jaipur, Cochin, Trivandrum, Nagpur |
Rs. 20 lakhs |
The seller must obtain a Income Tax clearance certificate u/s 230 A of the Income Tax Act, 1961 specifying that the seller has no dues/outstanding in terms of the Income Tax payable by him. It is necessary to submit this certificate at the time of registration of the property.
5) Stamp duty and registration:
- Stamp duty is payable as per true market value as per rates prescribed by the Stamp office.
- The agreement is to be registered with the sub-registrar under the provisions of the Indian Registration Act with a period of four months from the date of its execution.
6) Society clearance and membership:
- No objection from society for transfer and sale of flat;
- Payment of necessary transfer charges to the society;
- Obtain the share certificate from society duly transferred in the name of the buyer.
7) Taking possession of the flat:
- Ensure that you receive the vacant and peaceful possession of the flat on the date specified in the agreement;
- Is there a provision in the agreement for refund of the amounts due by the builder/seller along with simple interest @ 9% per annum from the date of receipt in the event the seller fails to give possession of the property by stipulated date or mutually agreed extended date.
- Inspect the flat with the amenities stated in the agreement and ensure that there is running supply of electricity and water in the premises.
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