Documentation legalities are standard for every business, but there are some nuances for the real estate sector to be aware of. Investing in real estate is a secure and lucrative investment option, but the complex documentation of real estate transactions is something that every homebuyer fears. In addition, real estate transactions involve many legal and financial implications like registration fees, stamp duty, maintenance charges, etc.
As a seller and buyer, you need to adhere to legal procedures. Let’s discuss some critical legal procedures so that you can navigate the homebuying process seamlessly. With a better understanding, you will be better prepared for the legalities.
Sale Deed and Agreement
A real estate transaction will be incomplete without a sale deed or agreement, as it is one of the most valuable Real Estate documents a buyer or seller should know about.
A Sale deed agreement contains all the vital details about the terms of the sale, payment schedule, purchase price, possession date, and other crucial information about the property.
Concisely, a Sale deed is a document through which the seller transfers property ownership to the purchaser. If you are a property buyer, you will require the original form of the paper to purchase the property. Through the Sales deed and agreement, the new owner acquires the rights to the property.
Occupancy Certificate
An Occupancy certificate is a cardinal legal document under the RERA Act (Regulation and Development Act 2016). The local authority issues this certificate to the developer or builder where the property – is located. Ideally, it says that the building is ready for occupancy.
No homeowner can stay in the flat – without an Occupancy certificate. If the builder fails to obtain the OC for the constructed building or if the building does not comply with regulations, the RERA authority has the right to take legal action. Also, home buyers can file a complaint with RERA if they face issues with the (OC) Occupancy certificate.
Property Title Verification
Verification of property title is as significant as occupancy. It is the most critical step in real estate transactions. As a buyer, you must ensure the property is free from legal disputes or liens.
The seller can provide all the required documents – such as the previous Sale deed, Title deed, and Encumbrance certificate. These documents will act as proof of property ownership.
As a buyer, you can search a local Sub-registrar’s office to verify the title history and property ownership. If you take the advice of a qualified lawyer, you can avoid potential property-related legal disputes.
Stamp Duty and Registration
Buyers who search for a flat may get confused with the actual flat cost. There are many added costs on the final flat price that you must know as a home buyer.
You must pay stamp duty and registration at the time of flat purchase. Stamp duty is a state-specific tax – levied on your property’s transaction value, and registration can provide validity to the Sale deed agreement.
Paying appropriate stamp duty is a foremost legal requirement in real estate transactions. Non-payment of stamp duty can lead to legal complications in the future.
No objection Certificate
Another critical document you must know is the No-objection certificate (NOC). It is a legal document issued by the designated authority while completing a housing project.
Also, this document is critical to avoid disputes with the concerned party during a property dealing or transaction. Ideally, you need this document to complete your real estate transaction.
You can ask the dealer or developer to get you a copy of the No-objection certificate or NOC and keep it safely with you.
NOC in real estate transactions ensures that the property is free from encumbrances and has no financial liabilities. Additionally, it is illegal to sell a property without NOC.
Allotment Letter
Your real estate transaction will stand incomplete without an Allotment letter. The housing boards or the developer issues this letter, which includes the amount paid by the buyer to the builder – with other property details.
Most buyers get confused regarding the document as an agreement of sale. However, the allotment letter is different from the sale agreement. The sale agreement is on stamp paper, and the allotment letter is on said authority letterhead. Also, the allotment letter is always given to the first owner. All the owners who come afterward – will need to obtain a copy of the letter.
Encumbrance Certificate
A property with pending dues or mortgages can land you in trouble later. While buying a property, it is essential to check that it is free from all legal issues. An encumbrance certificate proves no mortgage or pending dues are attached to your buying property.
Plus, if you are applying for a home loan, the bank will ask you for this document for the loan. This paper will provide information on all the property transactions over time. With no pending legal issues, you will get Form 16 – with the certificate. With Encumbrance to the property, you will get a Form 15.
Khata Certificate
Not many people know about the Khata certificate. The certificate is known as extracts and has different names in different states. When you make a registration for fresh property, it is an important step.
Ideally, you will need the certificate when you sell your home and transfer your ownership to another buyer. This document is essential as it verifies your property is listed in local municipal records. It acts as an approval before the final construction of the property.
Moreover, you can submit this legal document when you apply for a home loan.
According to an estimate, about 66 percent of property disputes happen because of legal documents. If the documents are unclear or there is no proof, then there can be legal hassles related to property.
Legalities in real estate
Looking for and finalizing a real estate property without proper legal knowledge can be taxing, so pay close attention to the legal documents. You can claim to be the rightful property owner with the above documents. In most cases, hiring a good legal professional is recommended to ensure that the legal aspect is looked after and all your interests are protected.