I want to buy a property on resale in Mumbai. Are there any specific factors that I need to check before buying the property? Are there any specific Maharashtra state laws that I need to keep in mind regarding stamp duty and any other factors related to a property purchase?
Assuming that you are interested in buying a flat in a registered cooperative housing society in Mumbai, the most vital document to verify is the seller’s title over the flat, to ascertain that the seller has the absolute right and title over the subject flat for which one may have the chain title deeds perused from a legal adviser, who may thereafter confirm on the title devolution of the subject flat, among other aspects.
One also needs to verify if there exists any litigation wherein the flat is the subject matter of the litigation.
In addition, you should verify if the seller has availed any loan by providing the flat as security, the repayment of the loan and release of the charge/ mortgage of the flat along with a no-objection certificate issued by the society for the sale of the flat.
You may also conduct proper due diligence of the subject flat and the ownership thereof by publishing a notice in two local newspapers, highlighting your intention of purchasing the flat and for inviting any third-party claims over the subject flat.
You can also carry out a search in the concerned sub-registrar’s office where the subject flat is situated to rule out any third-party rights over the subject flat.
Aradhana Bhansali is partner, Rajani Associates.
