I want to purchase a flat from a promoter. The promoter swears that his title to the property is good, unencumbered, clear, marketable and has produced a title certificate from his advocate. Whether I can rely on this title certificate?
- by Sreedharan, Mandya
The promoters/Builders obtain title certificate from their advocate on production of title documents. Generally purchasers will rely on such title certificates, which are based on documents produced at some particular time, but not updated. As per the Karnataka Apartment ownership Flats Act 1972, the title certificate should be by an advocate having minimum seven years standing.
You may have the title verified independently from your advocate. Promoter is bound to provide photocopies of related documents, plans; encumbrance certificate on payment of some fee. You may independently obtain upto date encumbrance certificates, or verify in jurisdictional courts for any pending cases.
Importantly verify whether the promoters has the property mortgaged to any financial institution, the terms of such mortgage and whether any no objection certificate is required.