An apartment buyer has to especially obtain the following legal information in Bangalore from the developer / promoters before purchasing flats/apartments:
Mother deed /sale deed etc: It is very important document to trace the ownership. And it is basic document that shows how the property at the commencement was acquired there after there will be series of transactions such as sale gift etc. Here along with mother deed original sale agreement with builder/ developer duly registered is required to look into. And also check for the appropriate stamp duty & property registration cost charged in the state of Bangalore.
Khata certificate & up to date tax Paid receipts: In case of joint development, the Khata should be in the name of the landowner .And in case of outright purchaser by the developer, the khata should be in the name of developer/promoter.
Joint Development Agreement Law -: In case of joint development this agreement needs to be scrutinized. Care should be given to understand the ratio at which the build- up area is shared between the landowner & the promoter.
Encumbrance certificate: Up to date encumbrance certificate from the period of last 30 years has to be legally checked and obtained from the Sub registrar of Bangalore.
Approved plan: Copy of the approved plan by a appropriate authority along with plan of purchase's portion of the apartment
Sanction plan: Sanctioned building plan of apartment along with validity of Sanction plan and commencement certificate should be legally verified and confirmation from the (Bangalore) municipal authorities has to be taken about its adherence to building by laws.
NOCs: Urban Land Ceiling and Regulation Act and the Income-Tax Act. If required has obtained. To be more specific, check if the transfer of property approvals have been obtained from the statutory land development or planning authority or competent authority constituted under the Urban Land Ceiling and Regulation Act and the Income-Tax Act. If so, have the approvals been obtained?
Occupancy certificates: on the completion of apartment corporation /BDA/ CMC issues occupancy certificate to the developer. Buyer needs insist for this.
Be sure that the developer has acquired all legal approvals from the Municipal Corporation, Area Development Authorities, Electricity Boards and Water Supply & Sewage Boards.
If the owners of apartments situated in a high-rise building file a joint declaration in the form prescribed under the Karnataka Apartment Ownership Act, 1972, and the rules framed there under and get them duly registered, certain valuable rights and legal safeguards will be available to them. It is advisable for them to acquire such statutory recognition. In such cases, an association, if formed among them, will get the statutory recognition as an association of apartment owners. The mutual rights and obligations between the developers and the apartment owners will be precisely defined with statutory support for the same.
Commercial flats
The above Act is not applicable to commercial flats. However, even in respect of these commercial flats, the deeds of absolute sale and conveyance can provide and record the absolute and exclusive ownership rights to the commercial flat together with undivided interests in common areas and the right to use and enjoy the common facilities, amenities and infrastructure, as in the case of residential apartments.
Matters relating to both residential apartments and commercial flats are also governed by the Karnataka Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act 1972, and the rules framed there under.
Mother deed /sale deed etc: It is very important document to trace the ownership. And it is basic document that shows how the property at the commencement was acquired there after there will be series of transactions such as sale gift etc. Here along with mother deed original sale agreement with builder/ developer duly registered is required to look into. And also check for the appropriate stamp duty & property registration cost charged in the state of Bangalore.
Khata certificate & up to date tax Paid receipts: In case of joint development, the Khata should be in the name of the landowner .And in case of outright purchaser by the developer, the khata should be in the name of developer/promoter.
Joint Development Agreement Law -: In case of joint development this agreement needs to be scrutinized. Care should be given to understand the ratio at which the build- up area is shared between the landowner & the promoter.
Encumbrance certificate: Up to date encumbrance certificate from the period of last 30 years has to be legally checked and obtained from the Sub registrar of Bangalore.
Approved plan: Copy of the approved plan by a appropriate authority along with plan of purchase's portion of the apartment
Sanction plan: Sanctioned building plan of apartment along with validity of Sanction plan and commencement certificate should be legally verified and confirmation from the (Bangalore) municipal authorities has to be taken about its adherence to building by laws.
NOCs: Urban Land Ceiling and Regulation Act and the Income-Tax Act. If required has obtained. To be more specific, check if the transfer of property approvals have been obtained from the statutory land development or planning authority or competent authority constituted under the Urban Land Ceiling and Regulation Act and the Income-Tax Act. If so, have the approvals been obtained?
Occupancy certificates: on the completion of apartment corporation /BDA/ CMC issues occupancy certificate to the developer. Buyer needs insist for this.
Be sure that the developer has acquired all legal approvals from the Municipal Corporation, Area Development Authorities, Electricity Boards and Water Supply & Sewage Boards.
If the owners of apartments situated in a high-rise building file a joint declaration in the form prescribed under the Karnataka Apartment Ownership Act, 1972, and the rules framed there under and get them duly registered, certain valuable rights and legal safeguards will be available to them. It is advisable for them to acquire such statutory recognition. In such cases, an association, if formed among them, will get the statutory recognition as an association of apartment owners. The mutual rights and obligations between the developers and the apartment owners will be precisely defined with statutory support for the same.
Commercial flats
The above Act is not applicable to commercial flats. However, even in respect of these commercial flats, the deeds of absolute sale and conveyance can provide and record the absolute and exclusive ownership rights to the commercial flat together with undivided interests in common areas and the right to use and enjoy the common facilities, amenities and infrastructure, as in the case of residential apartments.
Matters relating to both residential apartments and commercial flats are also governed by the Karnataka Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act 1972, and the rules framed there under.
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