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Checklist for buying a property
Friday, 27 October 2006

ImageBelow 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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