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What documents are required to be scrutinized for purchase of apartment in a second sale?

- by Hanumanthachar, Gulbarga

The documents depicting (1) origin of the property, (2) flow of title and (3) the present status are required to be examined for purchase of an apartment in a second sale. Joint venture agreement, Apartment building, sanction plan approved by the competent authority, commencement certificate, etc., are few other documents which require scrutiny during such transactions. However, it is not possible to precisely state as to what exactly are the documents which require scrutiny in purchase of an apartment in a second sale.  It is advised to take the help of an advocate who is well versed in property matters.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.


Q:- I purchased a first floor flat from a promoter. From the second floor water is leading into my bathroom. Shall I ask the promoter to rectify the defect or the second floor owner? What is the remedy? Can I file a case against the promoter?

Q:- I have immovable properties in Mumbai, Bangalore which are let-out, now I require them for my business. Please inform me, in general, the grounds for eviction of my tenants?

Q:- This query is about undivided land in apartments building. What care should be taken above the undivided land while purchasing a flat? Should we register this also while purchasing the flat? Can we construct an independent house after the flats are demolished?

Q:- I am staying in a rented apartment. As per the terms of the rental agreement, I issued 3 month's notice to the landlord. The land¬lord says he cannot refund the security deposit till he finds a new tenant. He is suggesting me to vacate the apartment. If I vacate the apartment I may not get the deposit back. If I do not vacate he will go on adjusting the rent against the deposit, which I do not want. Please suggest a way out to solve the problem.

Q:- I have entered into an agreement to sell to buy a flat.  Now the builder insists that I pay service tax, sales tax, electricity and BWSSB charges, stamp duty, registration charges corpus fund for association which will be nearly 25% more than agreed flat rate.  Whether I am liable to pay all the charges or not kindly clarify.