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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.

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

QUESTIONS

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.