Buying a flat is a significant investment, and ensuring its legality is crucial to avoid future complications. This detailed guide will help you verify if a flat is legal and identify the essential documents you need to check from scratch. By following these steps and consulting reputable builders in Calicut like Ghazal Builders, you can safely and securely buy a flat. Ghazal Builders are known for their trustworthiness and adherence to all legal standards.
1. Title Deed
The title deed is the most critical document in property transactions. It proves the ownership of the seller and confirms that they have the right to sell the property.
What to Check in the Title Deed
– Ensure the title deed is in the name of the seller.
– Verify the authenticity of the title deed with the local land registration office.
– Check if the title is clear and marketable, meaning there are no disputes or encumbrances.
How to verify the authenticity of the title deed document?
Check your title deed document originality from the National Generic Document Registration System (NGDRS) Website
2. Sale Deed
The sale deed is a legal document that records the transfer of ownership from the seller to the buyer. It is executed before the sale is completed and should be registered.
What to Check in the Sale Deed
– Ensure the sale deed is registered with the local sub-registrar office.
– Verify that the terms and conditions of the sale are clearly mentioned.
– Confirm that the property details match with the title deed.
How to verify the authenticity of the sales deed document?
Check your sales deed document originality from the Department of Registration and Stamps, Kerala Website
3. Encumbrance Certificate
An encumbrance certificate (EC) certifies that the property is free from any legal or monetary liabilities, such as mortgages or loans.
What to Check in the Encumbrance Certificate
– Obtain the EC from the sub-registrar’s office.
– Check for any charges, liens, or encumbrances on the property for at least the past 13 years.
– Ensure there are no outstanding mortgages or legal disputes.
How to verify the authenticity of the encumbrance certificate document?
Verify the authenticity of your EC by visiting the Kerala Registration Department website.
4. Approved Building Plan
The approved building plan ensures that the construction of the building complies with the regulations and has been approved by the local municipal authority.
What to Check in the Building Plan
– Verify the building plan approval by the local municipal corporation or development authority.
– Ensure the construction is as per the approved plan.
– Check for any deviations or illegal constructions.
How to verify the authenticity of the building plan document?
Check your building plan document originality from the Kerala State Planning Board website.
5. Completion Certificate and Occupancy Certificate
A completion certificate (CC) confirms that the building construction is completed as per the approved plan. An occupancy certificate (OC) certifies that the building is safe for occupancy.
What to Check in the Completion Certificate and Occupancy Certificate
– Ensure the builder has obtained the CC from the local municipal authority.
– Verify the OC to confirm that the flat is ready for occupancy and adheres to all safety norms.
– Check for any pending dues or issues before obtaining the OC.
How to verify the authenticity of the completion certificate and occupancy certificate?
Check your completion certificate and occupancy certificate document originality from the Local Self Government Department, Kerala
6. Land Use Certificate
The land use certificate ensures that the property’s land is authorized for residential purposes.
What to Check in the Land Use Certificate
– Obtain the land use certificate from the local development authority.
– Confirm that the land is designated for residential use.
– Ensure there are no restrictions or violations related to land use.
How to verify the authenticity of the land use certificate?
Check your land use certificate originality from the Revenue Department, Government of Kerala Website
7. No Objection Certificates (NOCs)
No objection certificates from various authorities ensure that the property complies with local laws and regulations.
What to Check in the NOC
– Obtain NOCs from the fire department, water department, electricity board, and pollution control board.
– Ensure the builder has acquired all necessary NOCs.
– Verify that there are no legal objections to the construction and occupation of the flat.
How to verify the authenticity of the NOC document?
Check your NOC document originality from the Kerala State Pollution Control Board Website
8. Possession Letter
The possession letter is issued by the builder and indicates the date of possession of the flat.
What to Check in the Possession Letter
– Ensure the possession letter is duly signed by the builder.
– Verify the possession date and terms of possession.
– Check for any conditions or pending work mentioned in the possession letter.
How to verify the authenticity of the possession letter?
Verify the authenticity of your possession letter by visiting the Local Municipal Office.
9. Allotment Letter and Builder-Buyer Agreement
The allotment letter and builder-buyer agreement outline the terms and conditions of the sale, including payment schedules and possession date.
What to Check in the Allotment Letter and Builder-Buyer Agreement
– Ensure the allotment letter mentions the flat details, including floor number and unit number.
– Verify the terms and conditions mentioned in the builder-buyer agreement.
– Check the payment schedule and ensure it aligns with your agreement.
How to verify the authenticity of the allotment letter and builder-buyer agreement?
Verify the authenticity of your allotment letter and builder-buyer agreement by visiting the Local Municipal Office.
10. Mutation Register Extract
The mutation register extract is a record of the property transfer in the local municipal records, confirming the change of ownership.
What to Check in the Mutation Register Extract
– Obtain the mutation register extract from the local municipal office.
– Verify that the property is registered in the name of the seller.
– Ensure there are no discrepancies or issues with the ownership records.
How to verify the authenticity of the mutation register extract document?
Verify the authenticity of your mutation register extract document by visiting the Local Municipal Office.
What to check while taking possession of a new home/apartment from a builder in Kerala?
If you are moving to a new house in Kerala, ensure that all your documents are properly cleared before you take possession. Ensure that you have seen the original documents and photocopies of all attached necessary documents of the builder. Apart from these, you would need to have the following as well:
Amenities
Builders often promise amenities like a swimming pool, clubhouse, and gym when you book a flat. However, some of these facilities may be delayed or in poor condition at possession. It’s essential to check that all promised amenities are delivered once the project is complete.
Fittings
It is essential to check the proper working of various fittings like switchboards, door handles, bathroom fittings etc. In each case, you must verify if the builder is offering the same or equivalent brand as he pointed out to you initially.
Doors and windows
All the doors and windows should be according to the shared unit plan. Look at the quality of the doors that were installed and the windows as well. Moreover, all doors and windows should open and close properly and there should be a proper locking mechanism in it.
Paints
Always check the paints used on the walls, windows grills and railings before moving into the house of your dreams. Also, see that everything has received the second coat of paint, only then leave the place.
Check for leakages
Besides verifying the bathroom fittings also needs to ensure that there are no leaks in the taps and the other similar fittings. Examine whether the accessories in the kitchen and all the washbasin installations are correct or not.
Size of the rooms
Don’t think twice when you are using the measuring tape, it is important that you measure the size of the rooms, doors and windows. Make sure that all the aspects are in accord with the signed Sale Agreement.
The keys
Finally, before the builder hands over the property, you make sure that they produce at least two sets of keys, then double-check all the locks before signing the possession certificate.
Conclusion
Ensuring the legality of a flat before purchasing is crucial to avoid future legal complications. By thoroughly checking the essential documents such as the title deed, sale deed, encumbrance certificate, approved building plan, completion and occupancy certificates, land use certificate, NOCs, possession letter, allotment letter, builder-buyer agreement, and mutation register extract, you can make an informed and secure investment. Always consult with a legal expert to verify the authenticity of these documents and ensure a smooth and hassle-free buying process.
The most trusted builders in Calicut, Ghazal Builders, can offer assurance and ease of the buying procedure to anyone searching for a flat for sale in Calicut. We ensure full compliance with legal standards to protect your real estate investment.
To know more about our completed Ghazal Builders apartments in Kerala do Contact Us.