Before you short-list a particular property, you need to make
sure
that the land on which the property is being built, is free of any
legal problems. If you do not do this, a few years down the line, in a
Govt. drive to remove illegal property, your home may be destroyed. So
it is better to be safe than sorry.
The first thing you need to check, is the "permitted use of the land"
in the government records. Land CANNOT be used for real estate, unless
it is "buildable" land as per government records.
You should ALSO get your lawyer to find out from the land
registration office whether the land has been sold or
mortgaged to
other parties, or whether any other fact has been left
undisclosed
by the owner of the land.
If the land area is more than 500 sq. m. check with
the builder
on whether he has obtained the "ULC Clearance" for development on the
land.
Make sure that all the required property taxes to the municipality
departments are properly paid and up-to-date! Ask the builder to
provide you with the receipt of the latest tax payments to make sure
that they are being payed.
Inquiries should also be made in various departments of the
municipality to find out whether any notices or problems relating to
the property have been issued and not yet satisfied by the builder.
Finally, it
should be checked whether the property in the name of
the seller according to government and municipal records.
Any land that is clear from all these issues mentioned above would be
an ideal site for building.
There is a simpler way to go about all of this investigation. You see, most municipal authorities seek "clearances" and "no objection certificates" from the relevant departments before sanctioning a building plan. So, if a promoter/builder is able to show you a sanctioned building plan, this could indicate that the land is free from legal issues. However, of course, some bribery etc.. may have been used to obtain the sanction of the building plan. So to be really sure you should investigate yourself.
But, if you do not want to take the trouble, at least ask the builder to produce the sanctioned building plan!
Next - Actual procedure for buying the flat.. >>
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