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. Whether I can rely on title certificate?
A.: the promoters’ builders obtain title certificate from their advocate on production of title documents. Generally purchase 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 obtain up to date encumbrance certificate are verify its jurisdictional courts for any pending cases.
Importantly, verify whether the promoters have the property mortgaged to any financial institution the term of such mortgage ad whether any no objection certificate is required.
Q.: We seek your legal guidance on the following:
- Builder has not provided security cabin at main entrance.
- No car parking is marked with flat numbers in basement as per agreement
- Car parking was allotted on payment
- No name board of the premises is provided
- No flat owners name board is provided
- Khatha transfer is not done yet ( 4 years now)
- Original documents not yet handed over
A.: Please verify the terms of agreement. If it provides for construction of security cabin, name board of the premises and name board of the flat owner, the builder is bound to provide them. Regarding allotment of car parking, verify the terms of the allotment, whether it is on ownership basis or only right to use, whether the allotment is registered and what are the term of agreement about allotment. If there is any deviation, the association may take up with the builder. Katha transfer has to be get done by the individual flat owners by providing ownership documents to the corporation. The builder has to handover the original document to the association. If the builder does not reply your legal notice, you may approach consumer grievance redressal cell or civil court for relief.