Purchasing a 3 BHK apartment is a major investment, and while factors like location, layout, and price matter, the legal aspects often determine whether your dream home becomes a secure asset or a future liability. Here’s a comprehensive guide on what legal aspects you should verify before signing the dotted line.
1. Title Deed Verification
The title deed is the most critical document in real estate transactions. It confirms the seller’s legal ownership of the property. Always ensure:
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The title is clear, marketable, and free of encumbrances.
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It's in the seller’s name and matches government records.
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You take assistance from a property lawyer to cross-verify the documents.
2. Land Use and Zoning Approvals
Ensure the land on which the apartment is built is designated for residential use. Municipal authorities assign specific land use categories, and purchasing a residential unit on commercial or agricultural land can lead to future demolition or legal disputes.
3. Building Plan Approval
Check that the project’s building plan has been approved by the local development authority. Unapproved constructions, deviations from sanctioned plans, or illegal floor additions may result in fines or demolition orders.
4. Completion Certificate (CC) and Occupancy Certificate (OC)
These are essential post-construction legal documents:
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Completion Certificate (CC): Issued by local authorities confirming that the project was completed per approved plans.
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Occupancy Certificate (OC): Issued once the building is fit for occupancy and complies with safety standards and legal norms.
Never finalize a property without these documents.
5. Encumbrance Certificate
This certificate confirms that the property is free from legal dues and mortgages. It can be obtained from the local sub-registrar’s office and provides records of past transactions, which is essential for clean ownership.
6. RERA Registration
Under the Real Estate (Regulation and Development) Act, 2016, every project must be registered with the state’s RERA authority. Verify the project’s registration number and details on the official RERA website to confirm:
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Project completion timelines
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Litigation, if any
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Developer's credibility
7. Sale Agreement Details
Before registration, ensure that the sale agreement:
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Includes detailed payment terms
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Specifies carpet area and built-up area
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Covers possession date, penalty clauses, and cancellation terms
This document protects both parties and can be used as evidence in case of disputes.
8. No Objection Certificates (NOCs)
The builder must obtain several NOCs from different departments—fire, water, environmental, and electricity. These confirm that the project meets local government standards and compliance guidelines.
9. Check for Litigation
Always investigate whether the property or project is involved in any legal dispute. This can be done through public legal records or with help from a legal expert. A property entangled in litigation can delay possession or cause ownership issues later.
10. Home Loan and Bank Approval
Properties approved by reputed banks are typically safer to buy, as banks conduct legal due diligence before approving a project. If you're planning to take a loan, bank verification adds another layer of safety to your investment.
Conclusion
Legal due diligence is the backbone of a secure property purchase. Whether you're a first-time buyer or an investor, skipping these checks can cost you significantly in the long run. For example, if you're eyeing a 3 BHK in Gurgaon , ensure the project complies with Haryana RERA regulations and has all documents intact before proceeding.
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