- Can
I see the Title Deeds?
- What
will be my undivided share in the property?
- Are
you building within the permissible FSI?
- Will
you give me an Allotment Letter?
- Will
you give me a comprehensive Agreement of Construction?
- Can
I have a copy of PDAs approved plan and planning
permit, before commencement of construction?
-
What are your commitments after you complete and deliver
the flat?
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1.
Can I see the Title Deeds?
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1.
In order to own a flat that is yet to be constructed. You
will have to first buy an undivided share in the property
on which the flat is going to be built. Before buying this,
you must make sure that the title deeds of the property
are in order. The title deeds are the set of documents that
would unequivocally establish the seller's ownership of
the property and his right to sell it.
2.
Therefore get a written opinion on the title from the
Builders advocate along with photocopies of the
title deeds. Certified by an advocate. If this is not
available, get an opinion from your own advocate. You
must also see the Agreement of Sale between the Owner
and the Builder.
3.
The manner by which the Owner acquired the property decides
the key documents that must be seen:
A. Property was purchased by the Owner:
See the Registered Deed by which he purchased it.
B. Property came to them by a will (i.e. Bequest):
This is known as Testamentary Succession. See the Probated
Will. If no Executor / Executrix has been appointed, see
the letters of Administration granted by District / High
Court according to law.
C. Property devolved through succession:
If the earlier Owner died without leaving a Will, the
legal heirs and successors obtain a Deed of Succession
issued by the Sub-Registrar or an Inventry of the assets
from the District Court, which must be seen (obtain a
noterised copy).
D. Property developed through a Gift / Partition
/ Settlement / Exchange:
The Deed relating to such transfer of Title - Gift Deed
/ Settlement Deed / Deed of Relenquishment / Exchange
Deed - must be seen.
4.
The other ancillary / supporting documents that must be
seen are :
A. Form I&IV in the name of the Owners, issued
under the Seal of the Mamlatdar.
B. Nil-Encumbrance Certificate (EC) for the preceding
31 years, preferably showing no mortgage or other encumbrance
that are still existing on the date of purchase. Exercise
caution if an uncleared mortgage or other lien on the
property is shown in the Encumbrance Certificate.
C. The property being sold must be free of restrictions
for sale under the Urban Land Ceiling Act (U.L.C. Act).
If a Clearance Certificate for the Property issued by
the U.L.C. Authorities is not available, then it has to
be ensured that with reference to the land held by the
Owner(s), and the nature of their family membership, the
built-up area of the construction thereon and the appurtenant
/ contiguous land around the built-up area fall within
the ceiling of Ownership and therefore can be freely said.
5.
If the property is not being transferred by the Owner(s)
directly but through an Agent, acting as Power of Attorney
Agent (POA) of such owner(s), ask for the original or
attested copy and scrutinise it. Such a Power can be given
either through a Notarised Document or Registered Document.
However, a notarised power may not be accepted for property
transfer by all governmental/financial agencies.
6.
Besides the above, it is advisable to check the following:
A. Property Tax Demand Notices and Receipts for
payments to the Corporation.
B. Water and Sewerage Tax Demand Notices and Receipts
for Payments to the Panchayat or Municipal Authority.
C. Electricity Bill and Receipts for Security Deposits
and Additional Deposits. The latest electricity bill is
the best source of proof for payment of dues by the Owners
to the Panchayat or Municipality.
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2.
What will be my undivided share in the property?
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Your
Undivided Share of land must be equal to:
The built-up area of your flat as in the approved plan/
Total built-up area of the project as in the approved
plan This is usually expressed as a percentage of the
total land. Therefore, the percentage undivided shares
of land of all the flat owners in a complex must be equal
to 100. This ensures that the title to the entire land
as well as the entire building rests with the group of
flat-owners of the complex.
The Sale Deed transferring the Undivided Share in your
favour must be duly registered before the commencement
of construction of the flat.
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3.
Are you building within the permissible FSI?
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1.
The Floor Space Index (FSI) is an important parameter
you should know about.
F
S I = Total buildt-up area of your complex plan/Total
area of the plot on which it is to be built.
2.
The permissible FSI for all residential complexes other
than multistoreyed buildings in all the end-use zones
listed below is 1.5: Primary Residential, Mixed Residential,
Institutional and Commercial zones
3.
The total construction as declared in the plans of- fered
by the promoter should not exceed the FSI permissible.
4.
This FSI is fixed by the Planing and Development Authority
(PDA) which is the regulatory body governing architectural,
structural and environmental parameters pertaining to
development within the State of Goa.
5.
The rules and regulations governing the above parameters
are spelt out in the Development Control Rules (DCR),
a copy of which can be purchased from the PDA.
If
the permissible FSI is exceeded, you as a flat-owner run
the risk of demolition of the construction.
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4.
Will you give me an Allotment Letter?
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Insist
on an Allotment Letter at the time of booking, which must
clearly indicate:
>> All-inclusive firm and fixed price
(clearly indicating the various components such as land
cost, registration and stamp duty for the transfer of undivided
share of the property, and construction cost) and the schedule
of payments.
>> Plan of the flat (as per sketch scheme),
built-up-area and the features offered.
>> Committed commencement and delivery
period and commitment for liquidated damages for any delay.
>> Post-delivery product warranty by
the builder.
If your builder does not provide you with an Allotment Letter,
you face the uncertainty of not knowing
>> The exact amount you will end up
paying for your flat.
>> When you will get possession of your
flat.
>> Whether you will get all the features
promised.
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| 5.
Will you give me a comprehensive Agreement of Construction? |
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1. The
Agreement of Construction substantiates the commitments
relating to land cost (your share), stamp duty and registration
fee, construction cost, schedule of payment, list of features,
time of delivery, post- delivery warranty etc.
2. If defines the responsibilities and obligations of both
the Contractor (or Builder) and the Contractee (or Buyer)
and is normally put down on a Rs.10.00 stamp paper and signed
by the Builder and the Buyer in the presence of witnesses.
3. The Agreement of Construction is the only source of your
title to the flat, read in conjunction with the Property
Tax Assessment and Demand Bill in your name. Since it is
the document of ownership, funding agencies would demand
it, when you apply to them for a loan.
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| 6.
Can I have a copy of PDAs approved plan and planning
permit, before commencement of construction? |
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1. The
plan given to you at the time of booking may not be fully
conforming to the Development Control Rules and the plan
actually approved by the PDA may consequently be different.
Therefore insist that you are given a copy of the approved
plan and the planning permit before the construction of
the complex commences. Check whether the area of your flat
in the approved plan is as per the allotment letter.
2. If
you have a copy of the approved plan and the planning permit,
you can monitor the actual construction and ensure that
it is as per the approved plan. If the building is not constructed
as per the approved plan, you as a flat-owner, could face
the threat of its demolition.
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| 7.
What are your commitments after you complete and deliver the
flat? |
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1. Ensure
that the builder gives you the Completion Certificate issued
by the PDA, which confirms that the construction is as per
the approved plan.
2.
Ensure that the builder gives the Association of Flat Owners
(of which you would be a member) with a set of detailed
drawings covering structural, plumbing, electrical wiring,
drainage and water supply details.
3. Ensure
that the builder commits to rectify defects in your flat
and the complex in materials or workmanship.
4. The
Completion Certificate confirms the adherence of the completed
complex including your flat to PDAs approved plan,
and eliminates all chances of demolition of the construction.
5. In
the obsence of the drawings, maintenance of your flat (and
the building) will be difficult.
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