Buying property? It can be a long and complex process & it is not as easy as it seems to be or the some of the property dealers may states as “nothing to worry sir, we are here”! Or as easy as generally the dealers do. Dealers generally, arrange the meeting between Seller & Buyer and think that they have done their job moreover; they also try their best to finalize the deal by what so ever means. They have nothing to do with or think of your hard earned money. And if you raise some questions or query, which you seems is necessary, may irritate some property dealers with a reply,” Are sir, Itna vaham karoge to tum property ki deal nahi kar sakte” (oh sir, you can not finalize the deal with so much queries). if you didn’t get satisfactory answer of you Question, Beware! Yours hard earned money can be on stake. But certain steps can make it as smooth as possible. Just pause and remember some very important tips before finalizing any deal of your dream house, as:

  • Your requirement/need in terms of property features like the layout, number of bedrooms, size of the kitchen, balcony, wash room etc.
  • You have to decide whether you want an old constructed house/newly constructed house or house under construction. In all the cases.
  • Be assured that the seller owns the property and has the right to sell the property to you.
  • Always keep in mind your Budget line; never try to cross it, because you have to do a lot in addition to simply purchase of property. don't stretch to more than you can comfortably meet in monthly repayments and remember to keep some savings aside to meet stamp duty and other fees, and to furnish your new home. Get information about the different mortgages on offer, and start thinking about whether you want to go for a fixed or variable-rate deal.
  • You must have UID (Aadhar) card, PAN (Permanent Account number (Income Tax)) Card.
  • Value for money. Always tries prevailing market rates of other property also.
  • Please check whether this area suits your requirements.
  • Considered all if & buts relating to area.
  • Transportation available in this area up to your working station & your wards education centre.
  • Availability of daily necessity goods shop, shopping market, schools, hospitals, metro(life line of city), gentry, parking space, connectivity from neighbor hood area, greenery, parks, sports complex etc These are the general credentials which you have looked apparently, but there many more other than these, which you have to look deeply otherwise all can be in vain.

Now, have a look on the points which you have to check, these are:

(A)
  • Whether the property you are going to buy is in approved colony? You can check the same on website of your Town planner, e.g. http://www.dda.org.in
  • Confirm that it is legal and plans have been approved by the concerned authority.
  • Status of the property: whether the property is free from booking (some property which are not made as per the requirement of government authority / local body, may be book for dismantling), this can be checked either from the site of local authority (http://www.mcdonline.gov.in) or from the office of Registrar/ sub registrar.
  • The property must be a freehold property (non freehold properties can not be registered with Registrar/ sub registrar wef 11/10/2011). 5. Name & title of land / flat / floor / kothi / building should be very clear in the name of seller by virtue of a registered sale agreement or Conveyance deed. It should not be Mutation case (Minor/Major).
  • Proper chain of all the documents should be checked properly (from the first owner to seller).
  • The property to be transferred /sold under should be free from all sorts of encumbrances, sale, mortgage, loan, dispute, litigation, claim etc.
  • That the seller has not entered into any agreement to sell or taken any amount of earnest money for this Property from any other person till now.
  • All dues / tax, as municipal tax / Water uses dues/ electricity uses dues / local authority dues / Society dues must be clear or paid till date / any other dues to be paid fully before the transaction.

After ascertaining all the points satisfactory, Main consideration should be on language of the Earnest Money / Bayana Receipt (the same is given below as (C)) and apart from that also consider:

(B)
  • Take all the photocopies (both side) of the ‘property in consideration’ and in readable condition.
  • Verify the same from the original papers of the ‘property in consideration’.
  • Get the all the photocopies ‘self attested’ by the seller as ‘True Copy’.
  • Get the PAN, UID, Driving License and Election I Card etc duly self attested by the seller.
  • Make some amount of Bayana / Earnest money by cheque also & get the receipt of cheque on photocopy of the cheque.
  • Pay the stamp duty as per stamp Act 1899 (as amended by The Finance Act, 2006 (http://finmin.nic.in/law/Stamp%20Act%201899.pdf).
  • Check all the personal as well as the property details in Bayana Receipt / Earnest Money Receipt with Terms and Condition.
(C)

AGREEMENT TO SELL

This agreement to sell is made and executed at Delhi on this…….Day of……… by mr…………….s/o…………r/o …………….hereinafter called the ……………SELLER In favor of Mr……………….. s/o…………r/o …………….hereinafter called the…………BUYER The expressions SELLER and BUYER shall mean and include their respective legal heirs, successors, executors, nominees, administrators and legal representatives and assignees.

WHEREAS the SELLER is the owner-occupier and in possession of entire ---- floor, with / without roof rights of built-up property bearing no……, fitted with Electric and Water Connections, along with necessary fixtures and fittings and land beneath the same whereto whatsoever, hereinafter called as PROPERTY, which is bounded as under:

EAST :

WEST :

NORTH :

SOUTH :

THE FACTS ARE AS FOLLOWS:-

And whereas Mr.………had got Converted the Entire Built-up Property Bearing No.…… situated in the plan of Rohini Residential Scheme, Rohini, New Delhi – 110085, from lease-hold rights to free-hold rights and the Delhi Development Authority New Delhi had granted, conveyed, released, transferred/sold and assigned all its reversionary interest of land in favors of Sh. ……by virtue of CONVEYANCE DEED Registered as Document No:……, in addl. Book no. I, Volume No:…… on Pages ….to …duly registered on dated:………., with the Sub-Registrar, Sub-District No. VII, INA, New Delhi, executed by Lease Administration Officer, Lease Administration Branch, Rohini, Delhi Development Authority, INA, Vikas Sadan, New Delhi, for and on behalf on The President of India.

And whereas Mr.………had got Converted the Entire Built-up Property Bearing No.…… situated in the plan of Rohini Residential Scheme, Rohini, New Delhi – 110085, from lease-hold rights to free-hold rights and the Delhi Development Authority New Delhi had granted, conveyed, released, transferred/sold and assigned all its reversionary interest of land in favors of Sh. ……by virtue of CONVEYANCE DEED Registered as Document No:……, in addl. Book no. I, Volume No:…… on Pages ….to …duly registered on dated:………., with the Sub-Registrar, Sub-District No. VII, INA, New Delhi, executed by Lease Administration Officer, Lease Administration Branch, Rohini, Delhi Development Authority, INA, Vikas Sadan, New Delhi, for and on behalf on The President of India. And whereas, the said Mr……had sold the entire………floor with / without roof of the above mentioned property to Mr………by virtue of Sale Deed Regd. As Document No.:…… in addl. Book no. I, Volume No:…… on Pages …to …duly registered on dated:………., with the office of Sub-Registrar, Sub-Distt. …., Delhi.

And thus, the SELLER, Mr………. is the owner, occupier and in possession of the above said property on the basis of the aforesaid facts.

And whereas the above mentioned property is free from all sorts of encumbrances such as liens, charges, claims, liabilities, acquisitions, injunctions or attachments from any Court of Law, gifts, mortgages, demands, notices, notifications, legal disputes, differences, decree and flaws etc prior to sale and the SELLER is fully entitled / empowered to dispose of the same.

And whereas the SELLER for his bonafide requirements has agreed to sell and transfer the PROPERTY for as sum of Rs…………. unto the BUYER and the BUYER has also agreed to purchase the same for the said price.

And whereas the SELLER hereby further assure, represent and covenant with the BUYER as follows:-

a) (In case of loan only) That the First Party has a Loan Pending with ---Bank, --- (Branch) against this property which he has to get cleared from the Bank in order to Sell this property and complete this sale transaction under this agreement.

b) That it is agreed (if agreed between the parties) that the amount of loan of the first party relating to the above said property will be paid by the second party as -------------into first party loan a/c and any amount of loan remaining will be paid in cash to the first party to get the loan completely cleared from the Bank, so that the property under mortgage can be made free from the Bank for sale under this agreement. But the entire responsibilities of getting the mortgage cleared from the Bank and get the property papers released along with NOC from Bank is on FIRST PARTY.

c) That the aforesaid property is free from all sorts of encumbrances including prior sale, demands, charges, family disputes, agreement, gifts, wills, sureties, attachments, mortgages, acquisition, or any type of Agreement or Agreements etc except the bank loan from………, branch…….. and where is an amount of Rs………..is pending as loan against the above said property and the SELLER is the sole and absolute owner of the said property under sale.

d) That there is no attachment by either the Income Tax Department or any other authorities under law for the time being in force. And no notice of acquisition or requisition has been received in respect of the aforesaid property from any other authority except the bank loan as mentioned above.

e) That there is no legal impediment or bar whereby the SELLER can be prevented from selling, transferring or alienating the aforesaid property in favor of the BUYER except the bank loan as mentioned above.

f) That there is no subsisting agreement for sale in respect of the aforesaid property and the same has not been transferred in any manner whatsoever in favor of any other person or persons and the SELLER have a good marketable title.

g) That there is no notice of default or breach on the part of the SELLER or their predecessors-in-interest of any provisions of law in respect of the aforesaid property till date.

h) That the aforesaid property is not the property of HUF and / or of such a status which can in any manner affect the interest of minor children of the SELLER in any way. And no body else have any right, title, interest, claim or demand whatsoever or however in the aforesaid property.

The out of entire consideration amount of Rs…….., Rs……has been paid by the BUYER to the SELLER as Earnest money / Bayana amount as detailed in item no 1 below and the SELLER has also hereby acknowledge the same and with the acknowledge of Earnest money / Bayana amount the Seller has also delivered all the photocopies relating to the above said property to the Buyer.

Now this agreement to sell witnesses as under:-

  • That out of the entire sale consideration amount of Rs…, Rs….has been paid by the BUYER to the SELLER as Earnest money / Bayana amount as mentioned hereunder.


    Total consideration amount Rs…………(Rs…. (in words)……………………………… t /Bayana amount Rs…………(Rs…. (in words)……………………………… Balance amount Rs…………(Rs…. (in words)…………Balance amount Rs…………(Rs…. (in words)………………………………
  • That the SELLER hereby agrees to sell, transfer, convey and assign by way of absolute sale, his rights, titles and interest in above said property under sale, along with all ownership rights, easements, titles, interests privileges with necessary fixtures and fittings, electrical/sanitary installations whatsoever appurtenant to the aforesaid property under sale in favor of BUYER and to deliver /handed-over the actual vacant peaceful physical possession of said property unto the BUYER absolutely and for ever who will than become the absolute and exclusive owner of aforesaid property under sale with the full & final payment of the property under sale and with the registration of documents with the sub registrar, and than onwards the Buyer shall enjoy all rights of ownership etc therein including the sale thereof.


    Than, the SELLER shall have no rights, titles, interests or liens etc whatsoever of any sort /nature/kind left in the aforesaid property under sale, henceforth after the execution / registration of this SALE DEED.
  • That the SELLER hereby assures the BUYER that the said property under sale except the bank loan as mentioned above is free from all sorts of encumbrances such as sale, Gift, lease, litigations, attachment, acquisitions, notice for acquisition, mortgage, decrees, injunctions etc and there is no legal defect in the title of the SELLER, if proved otherwise and / or the BUYER is restrained in any manner to have the ownership of the said property under sale or any part / portion thereof, than the SELLER, shall indemnify and keep the Buyer harmless against all losses, suffered / incurred by the BUYER up to the extent of loss and damages sustained by the BUYER as a result thereof, from his (SELLER) movable and immovable properties.
  • That the SELLER hereby further declares that he is the only rightful owner of the said property.
  • That the SELLER at the cost and demand of the BUYER / his person(s) / legal representative(s) etc, or to whomsoever the BUYER says, shall execute and do each and every such acts or things, necessary for further or more perfectly perfecting THEIR title in the said property, under the sale.
  • That all the expenses of registration of sale deed such as stamp duty, registration charges / fees and writing charges etc will be paid and borne by the Buyer.
  • That all the previous titles papers / documents, in originals relating to the said above said property will be handed over along with the vacant, peaceful, physical and proprietary possession of above said property under sale by the Seller to the Buyer.
  • That all the dues such as any type of demands, charges, water consumption bill, electricity consumption bill house tax and / or any tax etc in respect of the aforesaid property under sale, shall be paid by the Seller up to the date of Registration of this Sale Deed.
  • That the Buyer with his own funds / expenses shall get mutated the above mentioned property under sale, along with the proportionate free-hold rights of the land under the said property, in his own name in the records of any government authority / any other local / concerned authority etc on the basis of this sale deed, even in the absence of Seller, who shall have no-objections in this regard and will also extend his full co-operation to the Buyer in this regard, if necessary / required / asked for.
  • That it is also made clear here that the Seller will also transfer to the Buyer the right of way through the staircase leading from Ground Floor to …..Floor of the above said property and also to use the staircase commonly with the other occupants/Co-owners of the said property without any hindrance and make sure that no body shall have any objection in this regard.
  • That it is also made clear here that the Seller will also transfer to the Buyer the right to way through the Staircase from the Ground Floor to Top Floor of the said property during all reasonable hours for the purpose of repair, maintenance and up-keep of his over-head Water Tank and TV / Dish antenna to which the other occupants/ co-owners of the said property shall have no objection.
  • That it is also made clear here that the BUYER shall also remain the owner of proportionate free-hold land belonging to him out of the total covered area of the land of Ground Floor of the said property.
  • That it is further made clear here that the stairs, passage, main entrance & other common services attached to the building shall remain common for all the occupants of the building. The Buyer shall use and enjoy these common services and shall proportionately share the maintenance expenses incurred from time to time for the maintenance/ upkeep of the common services with other occupants of the building.
  • That all the rights, privileges, appurtenances, sanitary and easement attached with the above said property will also be conveyed and transferred with the said property by the SELLER unto the BUYER.

IN WITNESS WHEREOF, this agreement to sell is made at Delhi and the parties have set their hands to this Deed after fully understanding the contents of same on the above mentioned date, month and the year, in the presence of the following witnesses.

WITNESSES:-

1.……………………………………………      SELLER

.……………………………………………

..……………………………………………

..……………………………………………

2.……………………………………………      BUYER

.……………………………………………

..……………………………………………

..……………………………………………