Introduction:
Buying a flat is a significant investment and understanding the legal aspects is crucial to ensure a smooth transaction. Whether you’re a first-time buyer or an experienced investor, navigating the legal landscape can be daunting. In this blog, we’ll break down the essential legal aspects you need to know when purchasing flats for sale in Calicut. With insights into the roles of builders in Calicut and key legal considerations, you’ll be well-equipped to make an informed decision.
Title Verification and Due Diligence
Before making any commitment, it’s vital to verify the property’s title. This involves checking the legal ownership and ensuring there are no disputes or claims against the property. You should:
Obtain a copy of the title deed.
Verify that the builder has the legal right to sell the property.
Sale Agreement and Sale Deed
Two crucial documents in the home-buying process are the Sale Agreement and the Sale Deed:
Sale Agreement: This is a preliminary agreement between the buyer and the seller that outlines the terms and conditions of the sale, including the price, payment schedule, and date ofÂ
possession. It should be thoroughly reviewed and signed by both parties.
Sale Deed: This is the final document that legally transfers ownership from the seller to the buyer. It must be executed on non-judicial stamp paper and registered with the local sub-registrar’s office.
Encumbrance Certificate
An Encumbrance Certificate (EC) is essential to verify that the property is free from any legal liabilities or mortgages. This certificate can be obtained from the local sub-registrar’s office and should cover the period for which you want to verify the property’s history.
Building Approvals and Compliance
Ensure that the flats for sale in Calicut have all necessary approvals from local authorities. This includes:
Building Plan Approval: Verify that the construction plan has been approved by the local municipal authority.
Land Use Certificate: Ensure that the land on which the property is built is approved for residential use.
Completion Certificate: This certificate confirms that the building complies with all relevant regulations and standards.
RERA Registration
The Real Estate (Regulation and Development) Act, 2016 (RERA) mandates that all builders in Calicut register their projects with the Kerala Real Estate Regulatory Authority (K-RERA). RERA registration ensures transparency and protects the rights of buyers. You can verify the registration status of the project on the K-RERA website.
Home Loan Legalities
If you’re financing your purchase through a home loan, the lender will conduct a legal verification of the property. This includes:
Ensuring the property has a clear title.
Checking all necessary approvals and compliance documents.
Verifying the builder’s credentials.
Stamp Duty and Registration Charges
When purchasing a flat, you’ll need to pay stamp duty and registration charges to legally register the property in your name. In Kerala, the stamp duty is typically 8% of the property’s market value, and the registration fee is 2%. These charges vary, so it’s essential to budget for them accordingly.
Possession and Handover
Upon completion of all legal formalities, the builder should hand over possession of the flat. Ensure that:
All payments are settled.
You receive all necessary documents, including the Sale Deed, possession certificate, and keys to the property.
Conclusion
Understanding the legal aspects of buying flats for sale in Calicut is crucial to ensure a smooth and secure transaction. By thoroughly verifying the title, obtaining necessary approvals, and adhering to legal requirements, you can confidently invest in your dream home. Builders in Calicut play a significant role in ensuring that all legal aspects are handled correctly, providing you with peace of mind. If you have any doubts or need assistance, it’s always advisable to consult with a legal expert to guide you through the process.