RERA Lawyer Property Verification: Documents Checklist, Legal Process, Title Opinion Report

RERA PROPERTY VERIFICATION DUE DILIGENCE LAWYERS IN CHENNAI AND BANGALORE

Planning to buy a dream home, but intimidated with LOTs of legal paperwork, documents and process?

The legal paperwork and complexities confuse even the smartest ones. Instead of thinking of it as an hassle, take help from the professionals.

Here’s the deal. I’ll explain in super easy, layman terms. This non-technical guide will show you the most important aspects to consider when buying a home or land in Bangalore, Karnataka.

You may think I’d just trust the builder and not bother to go through with the due diligence.

When you spend your entire life savings on buying property, don’t you think it makes sense to invest in the right legal advice?

Think again.

Initial investment on property title verification and due diligence will save several hassles, money and time on frivolous litigation. We explain how to determine the authenticity of the documents provided by the builders/property owners. Let expert property lawyers perform a investigative process to ascertain the veracity of the ownership.

So, what exactly “Property Legal Title Verification” refers to?

A property title refers to the bundle of legal rights in an immovable property that has a legal interest or equitable interest. Also known as “deed” which serves as evidence of ownership of the property.

Book Now Online property Verification Bangalore now and Protect Yourself from Bad Investment.

Fortunately, there’s a way to do due diligence to establish the legal title and to assess the legal and financial risks in purchasing a property. All you need to do is collect all the relevant documents (checklist) from the seller/builder/developer/owner of the property before signing any agreement. This will identify any discrepancies, legal issues, existing litigations, family disputes, and so on.

How can you go about that?

Property scrutiny is never easy.

Seek a lawyer with expertise on real estate (RERA) and property law to conduct verification of the property (home, land, apartment) and to check all the legal compliances from various authorities. The lawyer must be skilled at collecting and processing the huge pile of documents in a systematic manner.

Did you know?

Registration of deed of immovable property is mandatory under Section 17 of the Registration Act, 1908. In case of non-registration, it will not be admissible as evidence in the judicial court.

 

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PROPERTY VERIFICATION SERVICES

Most Trusted Legal And Property Verification Services In Bangalore.

Here’s how verification works.

First, our expert property verification legal team procure the documents, then scrutinise the documents (title deed) thoroughly to identify any loopholes, next check the licenses for any legal issues. Our team of property lawyers have combined experience of 30+ years in the real estate sector.

Once the verification process is done, then our property lawyers provide legal opinion letter/legal report with pros and cons of buying the property.

Property Title is the legal ownership right to the property.

The service includes:

• End to end services for property title verification.
• We have expertise in getting property title verification.
• We will get in touch with you through renounced lawyers in this field.
• Our Experts shall guide you through the procedure and supply you with a detailed checklist of the required documents.
• We shall verify the documents you provide
• An application will be made by us and duly submitted.
• Free consultation for any enquiry that you may have about property title verification.
• You will get your property title verification done without any hassles.
• Any fee, stamp duty and miscellaneous charges shall be payable extra.

And most important of all, you may be aware of “buyers aware” which places the legal obligation on the buyer to do the due diligence and vet the title documents before purchasing the property.

Did you know?

The Limitation Act, 1963 provides a limitation period of 12 years in case of adverse possession for private land while limitation period in case of land/right related to government is 30 years.

 

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ADVANTAGES OF PROPERTY VERIFICATION

Get ‘green signal’ before you make that investment.

We will find and report the missing documents before giving any go ahead.

Here’s how it helps.

• Peace of mind: Ensure the title is genuine.
• Loans against the property: Easy to take loans if the paperwork is legit.
• Right to sell: Gets the right to sell the property without any issues.
• High-risk transactions: Determine if the documents are forged and fabricated.
• Detect fraud: Identify fraudulent sellers who sell the same properties to multiple buyers.
• Free from lawsuits: Check for any pending legal proceedings.

 

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PROCESS OF PROPERTY VERIFICATION

Here’s how we will do.

• Check ownership whether the seller has got the legal ownership;
• if the ownership Is freehold, absolute ownership, through government allotment, a perpetual succession of tenancy right;
• Whether the property is encroached;
• is the property free from any kind of encumbrances or charge;
• Is there anything that the builder is hiding;
• Whether the builder has all the required licenses and approvals; and
• Whether adequate stamp duty has been paid.
• Check whether the property is encumbered.
• Check whether the property is acquired by the government to ensure that the title vests with the original owner at the time of purchase.
• Check the validity of the title held by the owner by examining the registration document of the property with the Sub-Registrar of Properties and details of payment of stamp duties and registration fee.

Avoid unscrupulous practices by the builders or developers.

As you may know that the real-estate industry lacks transparency. So, it is best to inspect all the documents by exercising due diligence and awareness of your rights.

 

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PROPERTY REPORT

Comprehensive Legal Opinion.

Written legal opinion with complete verification report. Verification report will contain tile flow , documents checked, summary and risk if any observed while verification. ​​

Additional Property Services to Safeguard from One-Sided Agreements.

You can ask our expert lawyers to help you with the review and vetting of Sale Agreement, Construction Agreement, and Sale Deed as a way to safeguard your interests and rights from the one-sided builder agreements.

 

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COLLECTION OF PROPERTY DOCUMENTS

The physical copy of property documents will be collected by us from your home or office whichever is convenient for you. Our logistic team will coordinate with you and collect and deliver the documents within 24 hours after you place your order.

A physical copy of property documents is mandatory for its legal verification. @ Rs.1 per page, we’ll can get these documents printed for you as you send the copy to us through Google Drive, Dropbox etc.

We do document audit and if found that any document is missing, we advise you to collect the document from the respective seller/developer/builder. We will also collect the supplementary document again.

 

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DELIVERY

Your detailed property verification report will be delivered in 5-7 days.

Now that you’ve understood the importance of legal title verification, you’ll agree that it is worth investing few thousands for a property priced at lakhs and crores.

Think about it. Make a wise decision to ensure that you are investing in the right property.

 

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COMPREHENSIVE PROPERTY DOCUMENT CHECKLIST

Investing in property need not be a very difficult task. Trust the expertise of lawyers who do this for a living and make this process seamlessly simple and tension-free for you. The list of documents required to do a thorough verification:

Our property lawyers can help in the process of verification of Title, Registration of Documents, preparation of Legal Scrutiny Report, deeds, documents and advice on matters related to Karnataka Stamp Act.

Check for any legal encumbrances or pending litigations with respect to the property:

• Identify any existing mortgage lie on the property.
• Check the classification of property from the Government records.
• Check the certificate issued by the officer of the Land Records.
• Identify whether the land was meant for agricultural purposes or for commercial or any residential purposes.
• Check if any land acquisition proceedings pending.
• Check any change in relation between parties whose name appearing in title through marriage, divorce, etc.
• Check any change in ownership due to estate filing, transfer of property, death etc.
• Check historical account in case of chain of title deeds.
• Get Non Objection Certificate from co-owners in case of joint property.
• Check family tree and other required documents in case of HUF (Hindu Undivided Family) or an ancestral property, such as copy of will, succession certificate, probate obtained from Court, partition deed/ gift deed/settlement deed, etc.
• Court order/Decree in case of property being sold by official liquidator.

BUILDER/DEVELOPER PROPERTY

• Sale Deed/Title deed/Mother deed/Conveyance Deed
• RTC Extracts
• Katha Certificate and Extracts
• Mutation Register Extracts
• Joint Development Agreement
• General Power of Attorney
• Building plan sanctioned by statutory authority
• NOC from Electricity Deptt/Pollution Control Board/Water Works/ Air Port Authority
• Supplementary agreement / Ratification Deed (if any)
• Allotment Letter from the builder/co-operative society/Housing Board/BDA.
• Sale Agreement between Builder and 1st Owner
• Construction Agreement between Builder & 1st Owner
• Copy of possession letter from the builder
• Payment receipts paid towards the builder
• If any loan on the property (Current or past)
• Sale agreement with the Seller
• Latest Tax Paid Receipt from the date of registration up to date (Property Tax/Municipal Tax etc)
• EC up to date for latest 13 years or from the date of registration till date
• Demand Letter from the vendor before disbursement
• Own contribution receipt along with the bank statement from which you have paid your contribution to the vendor.
• NOC from the Society/Building association.
• No-due certificate from the building association.
• Approved plan of construction/extension & license for construction.
• Detailed cost estimate/valuation report from Chartered Engineer/Architect (if applicable)
• Conversion order/betterment charges paid receipt.
• Layout approval plan sanction
• Auction Sale confirmation letter from Local Development Authority
• Release deed (If applicable)
• Completion Certificate
• Occupancy Certificate
• Loan/Charge/Mortgage by Builder
• Deed of Declaration
• Latest Electricity Bill

BDA PROPERTY

• Allotment Letter.
• Receipts for payment of site value.
• Lease-cum-Sale Agreement.
• Possession Certificate.
• Absolute Sale Deed
• Khatha certificate from the BDA
• Tax paid receipts from the Bangalore Development Authority.
• Khatha Certificate from Bruhat Bangalore Mahanagara Palike (if it comes under Corporation
• Revenue Jurisdiction)/Tax paid receipts from Bruhat Bangalore Mahanagara Palike.
• Encumbrance Certificate from the date of allotment to the date of possession.
• Re-allotment Letter / Re-conveyance Deed if property re-conveyed by the BDA.

SOCIETY PROPERTY RELATED DOCUMENTS

• Sale deed
• The society documents
• Share certificate
• Sale agreement
• Sanction plan
• Encumbrance certificate
• Letter of allotment
• Govt conversion copy

AGRICULTURAL LAND PROPERTY DOCUMENTS

• Origin of the Property
• Flow of Title
• Mother / Parental Deeds
• Index of Land and Records of Rights
• Grant Certificate if any / Saguvali chit
• RTC/Phani extracts from 1967 onwards or for the last 30 years
• Relevant Mutations Extract
• Endorsement from competent Authority confirming that there are no acquisition proceedings.
• Village Map
• Survey map
• Akarband, Tippani, Podi Extracts
• Relevant Sale Deeds.
• C.D.P. pertaining to the area.
• 79 A & B Certificate under Land Reforms Act.
• Land Tribunal Order, if any.
• Certificate for change of survey number, if any
• Nil Tenancy Certificate
• Latest Tax Paid receipts.
• Encumbrance Certificate for the last 30 years.
• Family Tree of the Vendor
• Phani of the vendor
• Endorsement from Tahsildar that the land does not fall under S.T. & S.C. Grant or Inam category. .

BMRDA PROPERTY DOCUMENTS

• Valid Conversion Order issued by the Deputy Commissioner.
• Conversion amount paid Receipt.
• RTCs for 30 years issued by the Village Accountant
• Tax Paid Receipts issued by the Village Accountant
• Documents of ownership
• Mutation Register Extracts
• Akarband/Tippani/Podi Extracts
• Surveys/Boundary Map
• Village Map
• Nil Tenancy Certificate
• Confirmation from the competent authority that there are no acquisition proceedings.
• Layout Plan Approval by the competent authority.
• Release of site order
• Khatha Certificate issued by the Revenue authority wherever applicable.
• Latest Tax Paid Receipts
• Encumbrances for the last 30 years
• Validity of the Power of Attorney

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APARTMENT/FLATS IN BANGALORE

• Family Trees and Death Certificates.
• Index of Lands and Record of Rights.
• Mutation Register extracts and Inheritance Certificates.
• R.T.C.’s from the period 1969-70 to 2015-16.
• Copies of: a) Akarband; b) Tippany; c) Hissa Tippany; d) R.R. Pakka (Balabhagada Nakalu); e) Karda; f) Mysore Settlement Register; g) Hudbast; h) Village Map
• Survey Sketch from the Survey Department with respect to survey number clearly indicating the location, extent, boundaries, hissas and demarking kharab land and road, if any.
• Endorsement from the Tahsildar regarding tenancy applications filed or pending, if any under
• Sections 48A and 77A of the Karnataka Land Reforms Act, 1961 with respect to the subject property.
• Endorsement from the Assistant Commissioner regarding proceedings, if any initiated or pending under sections 79A and 79B of the Karnataka Land Reforms Act 1961 with respect to the subject property.
• Endorsement from the KIADB, KHB and BDA/ BMRDA regarding notification issued if any for the acquisition of the subject property for any of their developmental purposes.
• Official Memorandum / Conversion Order for having converted the land from agricultural use to residential use same and the challan for having paid the conversion fine.
• Sketch annexed to the afore-mentioned Conversion Order/ Official Memorandum.
• Joint Development Agreement, if any and other contracts/ general power of attorneys entered into between the owners and developers.
• Sanctioned building Plan approved by the competent authority and club house facilities constructed on the subject property.
• No Objection Certificate from BWSSB, BESCOM, Pollution Control Board, Fire Force and Airport Authority.
• Commencement Certificate issued by the BBMP.
• Construction Agreement if any with the prospective purchaser.
• Allocation Agreement entered between owners and builders showing their respective shares.
• Occupancy Certificate as and when the building is completed.
• Special Notice for assigning sub-numbers to the individual apartment.
• Deed of Declaration executed by the owners of the apartment.
• No Due Certificate from the Apartment Owners’ Association.
• Whether the apartment is constructed according to the plan? Are there any deviations? If so, what is the percentage of deviation? Architect Certificate.
• Electricity bills and water connection bill.
• Khatha Certificate and khatha extract of the apartment intended to be purchased.
• Up to date tax paid receipt.
• Encumbrance Certificate for the period 01-04-1970 to date with respect to the subject property.
• To state if the subject property abuts National/ State/ District Highway.
• Details of Agreement of Sale/ MoU/ Development Agreement entered into with any person/s with respect to the subject property.
• Details of mortgage/ charges/ lien created, if any on the subject property.
• Details of GPA, if any executed in favor of any person with respect to the subject property.
• Details of all past and current litigation, arbitration or other disputes or proceedings affecting the subject property/owner or any person for whose acts or default the owner may be vicariously liable which, to the owner’s or is contemplated.
• Any other documents / clarifications required on perusal of the above documents.

TRANSFER OF SITES IN CASE OF OLD LAYOUTS

• Up to date encumbrance certificate in Form No. 15 (in original) photo & specimen signature identification duly attested by a gazetted officer and recent passport size photograph 3 nos.
• Last tax paid receipt to BDA
• Loan discharge certificate/NOC from the financial institutions
• Attested copy of the Possession certificate(PC)
• Attested copy of the Khatha certificate
• Proof of Relationship-as genealogical tree/survivorship certificate/Ration card extract/attested copy of the identity card issued by Election Commission/Voters list etc.
• Attested copy of the relinquishment Deed/Joint Affidavit from other family members who have hereditary claim
• Attested copy of the Partition Deed
• Original Death Certificate
• Original Will
• Original Gift Deed
• Indemnity Bond
• Self Affidavit

 

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THINGS TO CHECK BEFORE TAKING POSSESSION

• Encumbrance Certificate (EC)
• Commencement Certificate (CC)
• No Objection Certificate (NOC)
• Completion Certificate (CC)
• Building Plan Approval
• Allotment letter
• Letter of no dues from Builder
• Katha
• Joint Development Agreement
• Receipts of Property TAX ++ Transfer Certificate
• Other relevant documents.

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AREAS SERVED IN BANGALORE

Kalyanagaar, Hoodi Whitfield, Krishnarajapura (K.R.Pura), Kadugodi, RK Hegde Nagara, Electronic city, Bommasandra, Koramangala, Madhevpura, BTM layout, Marathalli, Ramamurthy Nagar, Sarjapur, Dommasandra, HSR layout, C.V.Raman Nagara, Indiranagar, Banashankari, JP Nagara, Jayanagar, Vijayanagar, RT Nagara, Yelahanka.

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FREQUENTLY ASKED QUESTIONS

• Can I buy properties nearby Rajakaluve?
  No, avoid buying any properties located in the Rajakaluve and lake area.
• How to ask for refunds from builders if not satisfied with the property title?
  Before paying any booking amount, ensure that you communicate via email to the builder that if the papers are not legitimate, then you’ll be entitled for full refunds. You can also sign a MOU with the seller/builder/developer/owner.
• What is an occupancy certificate?
  An occupancy certificate refers to the certificate that is issued by the sanctioning authority once the building is complete and ready for Inhabitation.
• Do I need to pay stamp duty if the property is transferred or is a gift?
  Yes, Stamp Duty is necessary when the property is transferred or gifted.
• Where should I apply to get Encumbrance Certificate?
  Encumbrance Certificate can be obtained from the jurisdictional Sub-Registrar’s office.
• Is mother deed different from sale deed?
  Mother deed refer to the first and original sale deed from where the title flows to the subsequent owners.
• What is the difference between A katha and B katha?
  The A Katha denotes a document that certifies that the property owner has duly paid relevant property taxes to the BBMP and is in ownership of a legal property.The B Katha is a separate register maintained by the BBMP that lists the illegal properties (as per Karnataka High Court order in December 2014) that have ownership in the city of Bangalore, even when the civic charges for the property have been paid by the owner. The B Katha pertains to the Section 108A of the Karnataka Municipal Act, 1976 that was amended in 2009.
• What are the restrictions on transfer of agricultural lands?
  Under Section 109 of Karnataka Land Revenue Act, 1964, Social or Industrial Organisation can Purchase an Agricultural land in the State of Karnataka with the previous permission of the Government of Karnataka.
• How can a person resident outside India acquire and Transfer of Immovable Property in India?
  An NRI can acquire a property, other than agricultural land/plantation property/farm house, in India by way of purchase.
• Is it safe to buy gram panchayat site in a panchayat approved layout?
  A Gram Panchayat approved layout is nothing but an unapproved layout. Panchayat never has the authority to approve layouts. Only DTCP or Municipality approves layouts.
• What does INAM Order copy means?
  An Inamdar who has been granted occupancy rights under the Inam Abolition Act.

 

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IMPORTANT TERMS

BDA: Bangalore Development Authority

BMRDA: Bangalore Metropolitan Region Development Authority

BIAAPA: Bangalore International Airport Area Planning Authority

HMDA: Hyderabad Metropolitan Development Authority

CMDA: Chennai Metropolitan Development Authority

DTCP: Directorate of Town and Country Planning

 

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