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Legal Checklist for Property Purchase in Tamilnadu


Legal Checklist for Property Purchase in Tamilnadu

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 Tamilnadu.

Purchase of Flat or Apartment

  • Details of approved plan must be displayed at the site by the promoter.
  • Ensure if the flat or apartment has been constructed as per the approved plan.
  • Check whether completion certificate has been issued by the Chennai Metropolitan Development Authority (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 the terrace, after the entire undivided shares of the land has been transferred to the persons purchasing the flats or apartments.
  • Ensure that the undivided shares of the land has been transferred by the promoter or 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 Tamilnadu).
  • 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 follows the approved plan.
  • In case of building, request and verify the building completion certificate.
  • In case of layout, ensure that the CMDA or Directorate of Town and Country Planning (DTCP) approves it.
  • 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 one requires, property title verification in Tamilnadu, contact or a Property Lawyer.