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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 have leased out my house on a monthly rent of Rs. 2500.  The exact lease period is not set forth and the lease deed is also not registered.  The house was recently constructed and has been leased out just six months back.  Now I need the house for my personal use.  Please advise about the mode of notice to be issued for eviction.

Q:- We are two brothers. Each of us own one site of 30X40 measurements, which are adjacent. All the documents are separate. Even khata’s are separate. But we want to have a common building on both sites with multiple floors. How we have to proceed.

Q:- Recently I have entered into an agreement for purchase of a site measuring 30x40 in layout formed by a co-operative housing society. The site was allotted to the seller by a co-operative housing society. It is learnt that the Karnataka Government had acquired the land and allotted to the society and the layout is approved by the BDA. I was informed that I should become a member of the co-operative housing society. Please advise us as to what are the documents to be obtained. 

Q:-
We seek your legal guidance on the following?

1. Builders has not provided security cabin at main entrance.
2. No car parking is marked with flat numbers in basement as per agreement.
3. Car parking was allotted on payment
4. No name board of the premises is provided.
5. No flat owners name board is provided
6. Khatha transfer is not done yet (4 years now)
7. Original documents not yet handed over.


Q:- 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. Weather I can rely on title certificate?