Property Transaction Safety tips

PROPERTY TRANSACTION SAFETY TIPS


Check List for Land Purchase

CHECK-LIST TO PURCHASE A FLAT / COMMERCIAL SPACE

  • Request for the documents in originals for verification of copies.
  • Hire an attorney with experience in civil litigation to verify records and give written legal opinion.
    Collect all link documents.
  • Check for chain of ownership. A series of registrations do not constitute chain of ownership.
  • Recorded history of ownership can be obtained only from Revenue Records. For each change of ownership, proceedings of the MRO/Tahsildar and entry in mutation register are necessary.
  • In case of flat or a property in urban area, verify ownership from VMC by yourself or by legal council and make local enquiries.
  • In case of urban built up property, check if the construction had municipal permission. Verify approved design against the actual construction.
  • Check the power of Attorney, if the seller has actually the right to sell the property. If possible contact person giving the Power of attorney and ascertain whether he has given power of attorney or not. Also check up whether he has given GPA to any other person earlier.
  • Check designated land use of the property from MRO office as to whether the said land is Assigned land, Agricultural land or Inaam land.

Collect the following documents:

  • Encumbrance Certificate.
  • Recent vacant land tax receipt / House tax receipt Pattadar passbook.
  • Title deed.
  • Check if the property is free from any and all types of encroachments.
  • Check if property has been mortgaged or if any case filed in court. Check up with records of MRO office and Sub Registrar office concerned.
  • Check if all due payments has been paid to AP TRANSCO.
  • Obtain physical delivery of the property and of the title deeds.

CHECKLIST TO PURCHASE A FLAT / COMMERCIAL SPACE

  • Call for original property documents. The non-availability of such documents should be taken as a red signal. It could mean that the title of the seller is not clear and there could be a lien, mortgage or other encumbrance on the property.
  • Ask for photocopies of all link documents of title deed related to the property to be purchased. A legal opinion through a good standing advocate is advisable.
  • Check up previous encumbrances and loans, if any on the property must be cleared before completion of purchase of the property. The title of the Vendor to the property must be clear and marketable.
    Check for approved layout plan and approved building plan with number of floors. Usually builder comes up with excuse that he is permitted to construct as many floor as he required so far as he uses permitted FSI limits.
  • Check the building bye-laws in that area to verify any issue with setback, side setback, height, etc.
  • Confirm transfer fees, stamp duty and registration charges to be paid on purchase of the property as well as outgoing to be paid for the property i.e. property tax, water and electricity charges, society charges, maintenance charges.
  • The original sale agreement should have the municipal approved plan of the flat, carpet area with the area of the balconies shown separately, price of the property including the proportionate price of common area and facilities shown separately and intervals at which instalments may be paid.
  • Check if proper stamp duty has been paid.
    If the property is in a co-operative society, examine the original share certificate. It mentions the latest owner’s name.
  • Obtaining a society’s NOC may not be mandatory under the new Model Bye-laws of the Co-operative Housing Society, but it is advisable as it offers clarity about the title of the property, pending society dues, property disputes and hypothecation, if any.
  • Check up whether the builder has mortgaged the land in any bank to avoid attachment at later date.
  • An income tax clearance certificate would ensure that the seller has discharged his income tax liabilities to avoid attachment of the property.
    Getting a home loan sanctioned ensures that the documents are in place as banks or institutions conduct due diligence before disbursing loans.
    Ensure payment and discharge of encumbrances that are to be cleared before purchase.
  • Obtain physical delivery of the property and of the title deeds.
    Complete the transaction of sale by executing and registering the deed. An unregistered sale agreement has no validity in the Court of law.
    Check around with local sources to find out more of the builder’s reputation.
  • Get a good idea of the costs of various components like price, stamp duty, registration charges, transfer fees, monthly outgoings, society charges & costs of utilities. These are not immediately available, but should be factored in to the total cost.
  • Facilities like adequate water, electricity and other utilities should be an important factor.
    If you believe in beliefs such as Vaastu, get consultation done before buying the property.
  • If you are buying property on loan, get insurance so that in case of your fatality, your family can clear the outstanding loan.
    Ask for NOCs of the concerned departments from builder like:
    Fire Services Department in case of high rise buildings.
    Traffic Police Department, Vijayawada City for Multi storied complex having both residential and commercial housing facility.
    Check up with area APTRANSCO office whether the building was sanctioned electricity supply.
  • Any building in the vicinity of Airport, contact IAAI for clearance as multi-storied complexes are not allowed with in the vicinity.
    If the building is close to Railway Track, contact concerned Railway authorities about the ownership or otherwise.
  • Contact VMC, Vijayawada for drainage and water supply.

If you are cheated, how to report Fraud ?

If you are cheated, you should take the following steps immediately.

  • Lodge a complaint immediately with the local Police Station giving the description of the fraud committed by the seller/builder, details of the property, amount paid etc. enclose the receipt of amount paid, copy of agreement etc.
  • Withhold the remaining payments till it is settled beyond reasonable doubt.
  • You can approach the ACP or DCP concerned or the CP if you feel that local Police failed to act on your complaint.

GUIDELINES FOR TENANT VERIFICATION

The House owners of Vijayawada City are requested to follow the below mentioned guidelines scrupulously before renting out their premises to the tenants:

  • Open a tenant register to enter the names and their permanent address including telephone Nos., etc. and affix their photographs.
  • Ascertain their place(s) of working by obtaining pay-slips/appointment orders etc.
  • Record the date of their entry and vacation.
  • If, the tenant is a foreigner, insist for furnishing a copy of valid Passport & VISA.
  • Inform the details of tenants to the local Police Station.
  • Keep a watch over the movements/activities of the tenants and inform to the local Police if any suspicion noticed.
  • Keep a watch over the people who are frequently visiting his/ her house.
  • Also keep a watch over the unusual sounds/silence/activity in the rented flat.
  • Make surprise visits now and then if you have suspicion.
  • Always verify THOROUGHLY when you rent out your flats/homes to the people who come from the areas which are known for terror/ criminal activity.

You can get your tenant verified by the local police free of charge by simply filling the form and filing a request through the Mobile App ‘4th Lion’