Check title, clearances of property before investing
Legally Speaking - Property and Housing Laws | By Solicitor Gajanan Khergamker
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I’m from Delhi and am looking to buy a house in Mumbai. While, at first, I was looking for a purchase directly from the builder but am even open to resale properties. What do I do to ensure that the project has the requisite clearances from the BMC?
— Rajiv Khanna
For a potential home-owner, buying a home is an all-important decision. A lot of effort, hard work, sacrifices and hope go into a family’s dream of buying a new home.
But all of this can go for nought if you are unlucky enough to come across unscrupulous builders, sellers and agents. This is why all prospective buyers need to be quite cautious when it comes to purchasing property.
For instance, when buying a flat directly from the builder, buyers should first ensure that the builder has the necessary permission from the BMC to build a structure in the said location. You should also make sure that he has obtained the occupation certificate from the BMC.
If possible, arrange for a certificate from the builder that clearly states that he has been authorised to construct on the said piece of land by the person who legally owns the land.
Prospective buyers will save themselves a lot of trouble in the future if they ensure that the title of the property with the seller is clear and marketable and the builder has authority to sell the premises. Relevant IOD copies should be checked before buying any flat.
Purchasers should properly investigate the property and make sure that it is not located in the Collector’s Land i.e. B-I category which requires the permission of the collector before construction.
Prospective buyers can help protect their interests better if they take help of professionals who specialise in dealing with property\-related matters such as lawyers.
When dealing with property-related matters, you should be aware that the stakes are always high.
Procedure to admit a minor in a society is laid down in law
A member of our society sold his flat to a family of four by entering into a legal agreement and completing all the legal formalities.
The family purchasing the flat comprises four members. A - the father who is 39 years, B – the mother 36 years, C - daughter 13 years and D the 2nd daughter who’s seven years old.
Flat is purchased in the names of two minor daughters C & D through Natural Guardians A father & B mother
a) Natural guardian has submitted an application along with other society papers to transfer the share certificate in the names of these two minor children
b) There is no photo or the signatures of the minor children in the agreement papers.
c) As per the available oral information (from the relatives) there is divorce litigation among the natural guardians in the family court.
d) Society had issued the NOC to the seller to sell the flat to ‘A’.
i) Whether the Management Committee of the Society can transfer the shares in the names of Minors C & D?
ii) If so what are the documents other than those mentioned in the Model By laws are to be demanded from the Natural guardians A & B?
iii) Whether it is necessary to take Indemnity & undertaking from the Natural guardians, A & B?
iv) Can we transfer the share certificate in the names of the two minor daughters,
What are the other additional precautions, documents, the MC of the society has to take.
— V.T.Kshirsagar, Ghatkopar
Bye-law No 17 clearly lays down the rules for eligibility of individuals for membership of the society
a) No individual shall be admitted as a member of a society except for the following that is to say –
(1) Who is competent to contract under Indian Contract Act, 1872; So, for all practical purposes, a minor being unable to contract under the law can be represented by a legal guardian or legal representative.
The law however lays down the mode by which where eligibility of a minor or a person of unsound mind for membership of the society is concerned in subsection b)
b) A minor or a person of unsound mind, inheriting shares and/or interest of the deceased member in the capital/property of the society, or if the nominated may be eligible for admission to membership of the society through his guardian or legal representative on an application in the prescribed form, along with undertakings/declarations, in the prescribed forms, mentioned in the application.
Apart from the usual paperwork as laid down in the byelaws, the society could protect its interest by procuring an indemnity bond by the natural guardians, indemnifying the society against any losses suffered through contention or litigation in this regard.
Also, an affidavit detailing their claims of representing the minors’ interest till their age of majority and processing all paperwork through legal means could be in order.
The admission of the minors through their natural guardians through the procedure as laid down by the model bye laws should also be endorsed in the next general body meeting of the society.
Following an overwhelming response from readers and to accommodate the surge in legal queries, this monthly column has been turned into a weekly legal column generated for The Draft News, Without Prejudice and In Good Faith. To book a Legal Consultation, Call 8080441593.
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