Important documents to be checked and verified before buying a Flat in Mumbai city.
Buying a property can be indeed challenging for the buyers especially with the increasing disputes between the buyers and builders and several litigation cases facing years of trial in the courts. Often examining the case files a grotesque picture can be conveniently drawn that the majority buyers do not take any help of Legal Professionals before entering an Agreement for Sale for the immovable property and many of the times the layman buyers cannot read and comprehend the effect and repercussions of the fine print terms and conditions attached to the various authoritative documents sanctioned by the Municipal Corporation and the Town Planning Authorities which eventually leads to enormous loss of time and money of the innocent buyers. Thereby it is always suggested to seek help from a Legal Professional in the form of Advisory before entering into a Sale Deed with the Promoter ie., Builder/Developer, however following are some of important documents to be checked by the buyers before buying a flat in their own name :
- MOTHER DEED : This is possibly one of the most important documents which a Legal Professional or a Property Expert would requisition from the Developer at the time of performing the due diligence check. Mother Deed is a Deed of Sale entered between the original bonafide landowner(s) and your Builder by virtue of which your builder becomes sole owner of the piece and parcel of the land on which he intends to construct the building. Also the Mother deed should be annexed with the latest erstwhile Property Card at the time of sale and as well as 7/12 extracts, and if at all more than one owner appear on the 7/12 extracts one should cross check in the Mother Deed to ensure that they are all brought on record as “Confirming Parties” to the sale and also if there have been more than one previous owners then all the previous Sale Deeds need to be a part of Mother Deed between the Land Owner and your Builder.
- PROPERTY CARD : The second important document to be checked is the latest property card showing the name of your Developer on it. The entry of the name of your Developer denotes that the Government Authorities recognize him as the existing owner of the said part and parcel of the piece of the land on which your building has been constructed. As per the procedure after all the Flats are sold and the Co-operative housing Society has been formed, your Builder transfers the ownership vide Deed of Conveyance to your Housing Society.
- N.A PERMISSION: Popularly known as N.A Permission i.e, Non Agricultural Permission which is issued by the Collector to the owner of the land especially when he intends to sell his land to the builder for Building construction since till the time the status of land is not transferred from Agricultural to Non-Agricultural, the Developer cannot construct a building on that land.
- SANCTIONED PLANS: The other important set of documents involve the Key Plans, Site Plans, Sub division/Lay out plans and as well as Typical Floor plans, further as per the mandatory requirements of the Development Control Regulations for Greater Mumbai 1991, Regulation 5(4), the said plans need to be signed by the owner and as well as the Architect or licensed Surveyor. Also one must ensure and correlate the area mentioned in the plans to ensure that the flat which you intend to buy is a part of the sanctioned plan and not illegal.
- INTIMATION OF DISAPPROVAL : The Certificate of Intimation of Disapproval signed by the Municipal Authority is another important document which is more popularly known as IOD. The IOD basically means that the Municipal Authority has accepted the building plans submitted by your builder however it wants certain terms and permissions to be complied after which it can give permission to start the construction work by your builder.
- COMMENCEMENT CERTIFICATE : After the IOD the next important document which is to be checked is the Commencement Certificate ( C.C) which the Municipal Authority issues to your Developer once he has complied the requirements mentioned in the IOD. Normally the CC is initially only given upto the Plinth Construction and subsequently it is further granted step by step as the building work proceeds. You need to check whether the CC has been duly provided to the floor construction on which you desire to take flat.
- BUILDING COMPLETION CERTIFICATE : Once your Builder completes the work as per the norms and conditions laid down by the statutory authorities, the Architect of your Developer sends a Building Completion Letter to the Municipality and as a result in return after the examination of newly constructed building the Municipal authority once satisfied, issues a Building completion Certificate in the name of your Developer.
- OCCUPANCY CERTIFICATE : Occupancy Certificate ( OC ) perhaps can be termed as most important final completion document and it is only issued by the Municipality to your builder once the officers of the Municipality thoroughly examined the newly constructed building and are satisfied that the consumers can now occupy the said building since it complies all the requisite amenities. You should ensure that the floor on which you plan to buy the flat is included in the occupancy Certificate otherwise you may be termed as illegal resident.
The aforesaid are the basic documents which you need to check before buying a flat in Mumbai, though the said list is not exhaustive and moreover it is virtually impossible for a person to comprehend the fine terms and conditions enlisted in such statutory documents thereby you are always recommended to take the professional help of your Advocates, Solicitors before entering into Agreement for Sale and spending huge sum of money in buying the property.
Moreover we at KM Legal Services have an expert panel of property lawyers who can help you throughout the due diligence and verification process and thereby make your sale a smooth and carefree transaction. Feel free to contact us on 9967474411/9821313356 or Email us on email@example.com for any due diligence or pre-buying verification and consultation related to the purchase of immovable property. Remember, a Hard earned saving is Life time asset !!!! – Authored by Advocate Anand Pande (Senior Attorney, KM Legal Services)
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