What is Real Estate? We will try to make you understand the concept of Real Estate in simple words. Real Estate is the property which consists of land and buildings or apartments or houses on it and it also includes its resources which are termed as natural such as minerals, water or crops and so on. Buyer of Real Estate is someone who buys or purchases the property from the promoter or builder or developer who is engaged in the Real Estate Industry and has a license for the construction of Real Estate properties. Promoter or builder or developer is someone who has the license to construct a building for the home buyers or simply for buyers. The builder or developer has to follow all the rules and regulations of the state as well as of the municipal corporation or municipality for the construction of buildings. Nowadays, there are large numbers of developers or builders in the Real Estate market and they are making a good profit from these construction projects. Real Estate Industry has become one of the dealing businesses in the country like India where a population of the country is very high in number. Today we witness many developers or builders in the markets because of the demand of the masses of the country who encourage the developers or builders to construct a building for their needs. If we talk about West Bengal then we know that we have a large number of population in the state and still many people are coming every year in the state and due to less number of vacating lands and the high price of the land they are buying Real Estate properties. Nowadays, we witness many problems and disputes are arising from these sectors.
Some of the problems are as follows –
Builders or developers fail to deliver the possession of the property on time, builders or developers sometimes commit fraud with the buyers or purchaser, when defaults arise the builder fails to repay the amount as mentioned in the agreement, sometimes buyers fail to pay the required amount to the builder for construction or fail to pay the price of the apartment and so on. But it is seen that many times the buyers or purchasers face problems and fall into the ditch because of the developers or builders. There are different State and Central acts to protect the buyers and builders too when they face major problems or disputes in these matters.
Types of Real Estate:
- Residential Real Estate – Residential Real Estate talks about the new construction and resale of apartments or homes or houses. Under this head, the Real Estate properties are used for residential purposes. People settle with their families in these types of properties. Sometimes, people who stay away from home for jobs, buy these Real Estate properties for stay.
- Commercial Real Estate – These Real Estate properties or buildings are used for commercial purposes. Some of the examples of Commercial Real Estate are offices, hotels, educational institutions, shopping malls and so on. Commercial Real Estate properties are more expensive than residential properties.
- Industrial Real Estate – Industrial Real Estate properties consist of manufacturing buildings and properties, warehouses and so on. These properties also have high prices in the market. Developers make a huge amount of profits from these projects.
- Land – Land includes properties such as vacant land, farms and so on.
Documents you must check before Buying Real Estate:
- Sale Deed or Title Deed or Mother Deed or Conveyance Deed – A sale deed is a legal document which is required for proving sale and conveyance of ownership from the seller to the buyer. It is compulsory to register sale deed from the office of the Sub Registrar of your jurisdiction within 4 months from the execution of the agreement. Since it is an important document, it is required by the home buyer or simply buyer for sale of the property because it serves as a proof of ownership of the property. This property document is required to establish ownership of the seller and it also required for property purchase and in case of home loans.
- Khata Certificate and Extracts – Literally, khata means an account of an individual who has property in an area. There are 2 types of khata – one is khata certificate and another one is khata extract. Khata is mainly an entry in the record of Municipal Committee and tells that an apartment is constructed according to the approved plan. Khata is required in cases of registration of new property and conveyance of property. It is also required in cases of purchase or buying of properties.
- Joint Development Agreement – a landowner and a builder can make a joint development agreement. Here, it says that the landowner gives his land to the builder for construction and builder takes it for development works. It is required to establish the ownership that vests with the builder or landowner and required during the time of purchase or buying of properties.
- General Power of Attorney – A power of attorney is a document which provides authority to another person to use his property on his or her behalf as his or her legal representative. It is required to show the previous sale or purchase of the property that was carried out by authorised individual on seller or buyer’s behalf and also required during the purchase of the property and home loan.
- Building Plan Sanctioned by the competent authority – The approval of the building plan relates to the grant for construction of the building. It is required to show that the property is authorised or unauthorised. It is compulsory to have a building plan because it is also required during the purchase of the property.
- NOC from the Electricity Department or Pollution control Board or Water Works – It is needed before the construction of the building from all the government authorities as mentioned above. It is required to show that government approvals are in place and also required during the purchase of the property.
- Allotment letter from the Builder or Co-operative Society or Housing Board or BDA – It is an important document for availing loan from the bank. It is given by the Builder or Co-operative Society which contains the particulars such as details of the property which is sold or bought by both the parties. It also contains the statement that how much amount has been paid by the buyer and how much the bank has to pay to him. It is required for property purchase and home loans.
- Sale Agreement between Builder and 1st owner – Sale agreement is a mandatory document which contains the builder’s or developer’s liabilities to construct a building according to the plans of the competent authority. It is also required for purchase of the property and for home loans.
- Construction Agreement between Builder and 1st owner – This is the agreement made between the builder and the 1st owner. It is actually a contract between the parties. This agreement is made in writing to execute the construction works and it involves various materials in the work. It is required for buying a property and also for a home loan.
- Latest tax payment receipt – It is an important property document. It is necessary to show an up-to-date tax receipt. It is required during buying of a property or for availing home loans. It is mandatory to have an original tax payment receipt.
So, the above-mentioned documents are necessary to be checked before any buyer purchases a Real Estate property.
We have collected the important topics and information relating to Real Estate and documents which must be checked before buying a Real Estate property. Sometimes we find that builders or developers commit fraud with the buyers so it is necessary to check the above-mentioned property documents and other related documents. It is better to consult with an expert to deal with these types of matters because after buying the property you have no option left with you except harassment and problems. You should seek professional legal help for any legal procedures due to the high stakes and risks involved. For professional legal help, contact [email protected], leave a comment below or contact here.