Navigating the complex terrain of real estate transactions demands a keen understanding of both legal intricacies and market dynamics. Whether you're a first-time homebuyer, an experienced investor, or a developer, ensuring that your real estate dealings are legally sound and strategically advantageous is paramount. From verifying property titles to scrutinizing seller credentials and compliance with zoning regulations, each step in the process carries significant legal and financial implications. At ASA & Partners, we provide comprehensive legal counsel and support, guiding you through every phase of your real estate journey to ensure a seamless and secure transaction.
When buying a property, taking precautions is crucial to safeguard your investment. Begin by thoroughly examining the property's title deeds and ensuring they are clear of any encumbrances or legal disputes. Verify the seller's identity and financial standing to prevent potential fraud or undisclosed liabilities. Additionally, conduct a comprehensive inspection of the property to assess its structural integrity and compliance with local building codes. Finally, ensure all necessary regulatory approvals and documentation, such as occupancy certificates and tax clearances, are in place before finalizing the purchase. These precautions not only mitigate risks but also provide assurance that your investment in real estate is secure and legally compliant.
Step-1 Verify Title Documents: Check sale deeds, gift deeds, wills, etc., proving
title transfer.
Step-2 Nature of Title: Determine if it's leasehold or freehold.
Step-3 Development Rights: If applicable, verify the development agreement
and power of attorney.
Step-4 Registration: Ensure all documents are stamped and registered with the
concerned sub-registrar.
Step-5 Khata Registration: Confirm it's in the seller's name.
Step-6 Litigation: Check for pending or past litigation.
Step-7 Original Documents: Ensure the seller has the original title documents.
Step-8 Sale Deed: Register it with the concerned sub-registrar.
Step-9 Ownership Proof: Examine the sale deed carefully.
Step-10 Clear Title: Ensure the property has a clear title.
Step-11 Statutory Payments: Verify all bills and taxes are settled before
executing the sale deed.
Step-1 Seller's Status:Confirm residence status, nationality, and required
consents.
Step-2 Joint Ownership: Identify all owners.
Step-3 Entity Ownership: Verify documents if the seller is a company, trust, etc.
Step-3 Registration: Ensure all documents are stamped and registered with the
concerned sub-registrar.
Step-4 Court Orders:For minors or those of unsound mind, ensure court
permission.
Step-1 Land Use:Check if the property is approved for non-agricultural use.
Step-2 Zoning Plan: Ensure compliance with the Master Plan.
Step-1 Building Plans:Verify the building/layout plan is sanctioned.
Step-2 NOCs: Obtain NOCs from relevant departments.
Step-1 Occupancy:Ensure the seller has obtained the occupancy certificate
Step-1 Property Taxes:Confirm no default on tax payments.
Step-2 Utility Bills:Verify all utility bills are paid
Step-1 Encumbrance Check:Search for any registered encumbrance on the property.
Step-1 Survey:Conduct a physical survey to confirm property boundaries.
Step-1 RERA Registration:Verify the property is registered with RERA
Step-2 Developer's Record:Check for any complaints against the developer.
Step-3 Broker Registration:Ensure the broker is RERA-registered
Step-1 Loan Clearance:Request the seller to clear any outstanding loans
Step-2 Loan Transfer:If applicable, transfer the seller’s loan to your name.
Step-3 No Dues Certificate:Obtain it before purchase.
Step-1 InspectionCheck walls, window frames, flooring, etc
Step-2 Developer's Record:Research the developer’s construction quality
Step-3 Super Built-up Area:Understand the actual usable area versus the total area.
Step-1 Future Value: Assess rental and resale potential.
Step-2 Locality Research:Evaluate accessibility to infrastructure and connectivity.
Delhi Office
11/11 West Patel Nagar , New Delhi , 110008
Gurugram Office
22 Ashoka Crescent Marg , DLF Phase 1 Gurugram , 122002
Mumbai Office
2301, Chanderlier Court ,Upper Worli , Mumbai , 400018