Legal Checklist for Property Purchase

Legal Checklist for Property Purchase in Tamil Nadu

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Legal Checklist for Property Purchase in Tamil Nadu

The biggest factor in valuing a property is the title to the property. Property which have clear title can be easily sold or mortgaged to raise funds. On the other hand, a property with faulty or invalid Title could be worthless and cannot be mortgaged. Hence, its important for the buyer to undertake a thorough due-diligence while purchasing a property and ensuring it has clear title. In this article, we look at a legal checklist for property purchase in Tamil Nadu.

Purchase of Flat or Apartment

  • Details of approved plan must be displayed at the site by the promoter.
  • Check if the flat / apartment has been constructed as per the approved plan.
  • Check whether completion certificate has been issued by the CMDA or other authority, after completion of the building.
  • Check if the promoter or Power of Attorney holder has a right to transfer the undivided shares of the land.
  • Ensure that the promoter or land owner or power of attorney holder has no rights over the open spaces and/or the terrace, after the entire undivided shares of the land has been transferred to the persons purchasing the flats/apartments.
  • Ensure that the undivided shares of the land has been transferred by the promoter / land owner.

Purchase of Land or Building

  • Check the property title deed to ensure that the seller has a right over the property.
  • Verify pattah of the property.
  • Verify encumbrance certificate of the property. (Procedure for obtaining encumbrance certificate in Tamil Nadu).
  • Verify the land use zone as per the master plan for the land.
  • Verify that planning permission from CMDA and building plan approval from the concerned authorities.
  • Ensure that the building has been constructed as per the approved plan.
  • In case of building, request and verify the building completion certificate.
  • In case of layout, ensure that it has been approved by the CMDA or DTCP.
  • Ensure that the roads and park areas in a layout has been handed over to the local body by way of a gift deed.

The title to a property can be verified properly only by an experienced legal practitioner. In case you require, property title verification in Tamil Nadu, contact IndiaFilings.com or a Property Lawyer.

 

 


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