People definitely see the dream of a house, whether it is a palace or a palace. Whether someone buys a house for himself from a developer or builds his own house on his land. But the question is, is everything really that easy? There are many cases when the buyer feels cheated. Has the introduction of RERA made a difference? What things should be kept in mind from choosing a house or land to getting it registered,
6 most important things
1. Before investing in a flat, check whether the land on which the society is being formed is a lease hold (only power of attorney) or sale deed (registry). If the lease is on hold then for how many years the lease has been given. If it is for 10 years, then it is also possible that the builder can build the house and later the cost of extending the lease will fall on the buyer. Also, whether the builder has paid the charge in lieu thereof, which was levied by the concerned authority. If the builder has not paid it, then the building can also be sealed.
2. Whether OC (Occupational Certificate) or POC (Partial Occupation Certificate) has been given to the builder by the concerned authority. If the builder has not got this certificate and the connection of electricity etc. has been wrongly added to the society, then that connection can also be closed in future.
3. If anyone has invested with such developers who are not registered under RERA, then it is at the risk of the buyer. If such a builder does not give the flat on time or change the layout, then it will be very difficult to fight a legal battle against him.
4. In the Lal Dora area, there is usually a right to build a flat for one floor and only up to a certain number of floors. But the builder changes it. Makes and sells multiple flats on the same floor. Sometimes the same flat is sold to two people. Since it is not registered, only the power of attorney is transferred, so the government also does not have any proof of this. There is also a problem in these areas that if the colony is not authorized, then it usually does not come inside the municipal corporation, so the facilities of water, sewer etc.
5. If the government is selling a plot or a private builder is selling it and the RERA number is found on that plot, then the chances of getting trapped in it are negligible. Whenever the government sells a plot after cutting it, all the conditions are already written in it. For this the revenue goes to the government. The government keeps its records. Generally, in every state, the Patwari or his equivalent worker inspects the land every 6 years and determines its owner.
6. Power of attorney is never a strong evidence in court. Even if there is electricity connection in someone’s house or any other evidence, it is not enough for the ownership of the land.
Basic term
1. RERA: is a law of real estate which is passed by the Indian Parliament. Its objective is to protect the interest of the general public in the real estate sector and protect them from frauds.
2. Lal Dora: Village lands that are generally used for residential purposes without any revenue record.
3. GPA/PA: General Power of Attorney or Power of Attorney are the same word. In many areas where the land is not registered, only the GPA or PA is transferred. However, this is not considered a strong evidence to show ownership in court.
4. SPA: Special Power of Attorney means to give the right to sell, buy, etc. a particular property to a particular person.
5. Patwari: It is also called accountant. It is the village level officer who has the accounts of the owners of the land of that village. It surveys the land every 5 or 6 years and sends its report to the government along with the name of its owner.
6. Jamabandi: It can also be called document and record. It contains all kinds of information related to land. In this, the location of the land, name of the owner, length and width of the property, land use etc. is mentioned.
7. Registry: Registry is to bring the sale deed or gift deed into the records of the government. Property is legally transferred only by register deed. Unless someone registers the sale deed or gift deed and pays the stamp duty, the property will not be considered legally registered. For this, the government has to deposit the amount through stamp duty according to the circle rate (for a particular area the government sets a minimum rate for the registry of the property).
8. Sale Deed: It is a solid legal document through which the seller transfers the rights of his property to the buyer.
9. Lease: It is also known as Patta. It is a contract that sets out all the terms on which one party agrees to let out the property of the other party.
10. Registry Office: This is a government office where land is registered and fees are deposited through stamp duty. Land records are kept here.
11. Mutation: After the completion of the property transaction, it is necessary to get the property mutation done in the government records. Mutation refers to the transfer of an asset or change in the name of a corporation in the records of the corporation.
12. Conveyance Deed: A conveyance deed is a contract under which the seller of the land transfers all his rights to the new legal owner.
These changes from RERA (Real Estate Regulatory Authority)
1. Project Registration Required: It is necessary for the builder to register with RERA. The buyer should buy a flat, plot or shop in the same project, which is registered with the regulatory authority. The builder has to register his project with the state regulatory authority. Along with all the information related to the project will have to be given.
2. Jail penalty: If the builder cheats or disobeys a buyer, then the buyer can complain to the regulatory authority.
3. Government projects also under the purview: Not only private builders or developers, organizations like DDA, GDA, who build housing and commercial projects, will also come under the purview of this law, that is, if the DDA also does not give the flat by making it on time, then it will also be deposited to the buyer. interest will have to be paid. Not only this, the Real Estate Regulatory Act will also apply to commercial projects.
4. Responsibility of the builder for five years: If the builder prepares a project, then its structure will have a guarantee of five years. If a defect is found in the structure within five years, it will be the responsibility of the builder to rectify it.
5. Restricting Project Delays: The biggest problem for the buyer is the delay in the projects. Often the builders divert the buyers’ money to other projects, which delays the old projects. According to RERA, builders have to create a separate account for each project. In this, 70 percent of the money received from the buyers will have to be deposited, which can be used only for that project.
6. INFORMATION WILL BE ONLINE: The builder will be given a login ID and password to create a page on the authority’s website. Through this, they will have to upload all the information related to the project on the website. The status of the project will be updated every three months. No project can be advertised without registration with RERA.
7. Complete information has to be given: Not only newly launched projects will come under RERA, but already ongoing projects will also come in it. Developers without a completion certificate will have to make all the information public. For example, the actual construction plan, subsequent changes, the total amount deposited, how much money was used, what was the actual date of completion of the project and by when it will be completed. Regulatory authorities in all states have to regulate real estate projects and registered real estate agents. The authority will also have to maintain a website, in which the information of all the projects will be updated.
8. Booking Amount: Builders will not be able to charge more than 10% of the amount as advance or application fee, unless there is a registered agreement for sale. This is how the registry is After typing all the details on the stamp paper, the advocate calls the seller and the buyer for registry. The seller, buyer and 2 witnesses have to go to the sub-registrar’s office.
- Everyone should have his Aadhar card. If you have a voter card, you can keep it too.
- Seller and buyer have to keep PAN card together.
- Apart from these, the seller who is there, he has to keep all the documents related to the land with him·
- If the property is to be registered, then all the old sale deed i.e. registry papers, old property tax receipt etc.
- When all the papers have arrived and the seller has got the price, then both the parties sign in front of the sub-registrar and finger prints of all the parties are taken. They also have photos so that there is no scope for fraud. After the registry, the mutation must be done in the corporation’s office.
…so that you are not cheated in buying a house
Check house and land papers like this
Can I check the construction quality if I have bought an under construction flat?
You can definitely check. If you have booked the flat in that project then you have the right to see the quality. You can also see whether the map (layout plan, building plan i.e. how many flats on which floor etc.) was shown to you or is registered with RERA, then the construction is being done according to that or not. If this is not happening, then you can go to RERA’s site and complain.
There is a lot of cheating happening in the plot these days. How to avoid this?
Ever since RERA came into force, one has to give a RERA number on every property sold legally. If someone is selling a plot in any area, then it must be seen whether that land is registered in RERA or not. If it is registered with RERA, it means that there is no problem in the land because RERA gives clearance only when everything else is correct.
Which type of plot is best to buy?
Generally there are 3 types of land buying and selling:
1. Land sold or purchased from sale deed
2. Land of Lal Dora
3. cultivable land
1. Land sold or purchased through sale deed: Lands so purchased are considered most legitimate in court. The reason for this is that the property is registered on the stamp paper. Revenue is given to the government and the government writes the name of the new owner of the land on it. If the land is being registered, it simply means that the government knows about the old history of the land, that is, almost all the old owners of the land and there is evidence for it.
2. Land of Lal Dora: These are areas whose history is not known to the government. Usually in such cases the local people are the source of information as to whose land was first and then when it was sold. In Delhi also there are many such areas along the banks of Yamuna which come under Lal Dora. There is no land registry in these areas. Here GPA (General Power of Attorney) or PA (Power of Attorney) transfer takes place. Although this is rare, it is possible that a person can transfer the same land to 2 or 3 or more people i.e. sell the power of attorney. In such a situation, even going to court is not of much use. Before buying land in Lal Dora area, complete information is very important.
3. Agricultural land: The house can be built anywhere, but after building the house, if you do not want to get involved in legal matters, then it should be seen that the house is not built on agricultural land. If so, then the government must be requested to make it residential. If you are going to invest in such land, then you can find out what kind of land it is by taking the account of the land and the Khasra number in the concerned authority. Let’s say if not cultivable but can have land allotted for SC or ST ones. Therefore, there is a need to do more investigation about such lands which are not registered under RERA.
I want to buy land but not satisfied with the documents given?
If the land does not belong to the Lal Dora area and comes for sale, then there can be 2 ways of ownership on it:
1. Ancestral or ancestral land: This land is inherited by someone from his father or grandfather. In such lands many times there is no sale deed i.e. registry papers. But they have Jamabandi (government conducts survey by Patwari of the area every 5 to 6 years and registers the land in the name of real owner). Therefore, whenever you want to buy someone’s ancestral land, then the papers of the last 5 or 6 Jamabandi (30 years) must be seen. If there has been a Jamabandi, it is certain that it will definitely be registered in the registry office there as well. By getting the papers out of the office, they can see who had the right on that land and who is now.
what is needed for this·
- Jamabandi receipt.
- A form has to be filled.
- The total charge is 100 to 200 rupees.
2. Self-purchased land: There is a sale deed of such lands i.e. they are registered. Therefore, taking a copy of the documents from whomever you are buying the land, you can also go to the registrar office there. From there the land papers are taken out. Then match it with its original papers. Whose name is mentioned on it, whether it is correct or not. A certified copy of the registry can also be taken out. For this also the same process is mentioned above.
No Encumbrance Certificate: It is also known from the registry office that the land has not been mortgaged. For this, no encumbrance certificate can be taken from the registry office. It is clearly written on it that there is no legal or financial problem with the property.
Help of Lawyer: If property is expensive then you can also take help of a lawyer. He collects all the information and documents related to the land and gives it to the buyer.
What are the things a flat buyer should keep in mind while buying a property?
Get complete information of your builder through RERA. Generally every state has its own website of RERA. Every builder has to register on the website. All the details like building plan, section plan, common area, facilities available, when the possession will be given are to be entered. After registering here, he gets a number. Whoever wants a house, he should go to the website of RERA and fill that number. After this all the information about the developers will come on the page.
How compelled are builders to abide by the verdict?
The builder will have to accept the decision of RERA. Yes, like the buyer, he will also have the right to appeal to the Appellate Authority.
If someone has given the registration number received from RERA in the advertisement, then how will we check it?
If the builder has given the RERA registration number in the advertisement, then after going to the State RERA website and entering that number, complete information about the builder and his project will come. If anyone has given wrong information, he will also have to pay a penalty equal to 10 percent of the cost of the project.
What is the verification of the details entered in RERA?
The builder has to provide the documents related to the project at the time of registration. These include ‘No Objection Certificate’ from local bodies.
understand them too
Does getting registered with RERA make the builder completely trustworthy?
Registering the project should be taken to mean that the declarations made by the builder will be considered not only for the buyer but also for the government. In such a situation, if the builder backtracks from his declaration or falsifies it, then it will be considered as evidence against him. Apart from this, if anyone has doubts on the information given by the builder, then he can complain to the regulator. This complaint will also be investigated and if the suspicion is found to be true, action can be taken against the builder.
If someone has booked a flat long back but has not got the possession yet. What should he do?
There are very easy solutions for this. He can do two things. First, check the completion certificate of the builder. This is a very reliable document that will tell whether your building is in good condition or not. Whether the promises made by the builder have been fulfilled or not. If the completion certificate is received, it means that the local authority of the area has confirmed that the construction work has been done as per the layout plan. Second, check whether your flat is covered under RERA or not. Every state has its own rules regarding the project under construction. Most of the emphasis is on what to do if there is no completion certificate. Just take the issue of UP. If 60 per cent of the units of a project have been sold or the possession of the project has been completed and RWA has been constituted, then you are out of the definition of an under construction project. If your project is even three-four years old but neither of the two things apply to your project, then RERA rules will be applicable on the project.
Can I go to court if I am not satisfied with RERA?
If the complainant is not satisfied with the decision of RERA, then he can approach the Appellate Authority against it. If the complainant is not satisfied with the appellate authority also, he can approach the High Court of the state.
What is the role of RERA in case of builder’s bankruptcy?
Even if a builder or his company becomes insolvent, the rules of RERA will apply. You will also have to register your project in RERA. If the builder gives wrong information there too, then action will be taken on that too.
How to check if a project is registered with RERA and is valid?
RERA gives a number to all the projects registered with it. Developers definitely show that number in their advertisement. By going to the website of RERA of the respective state and entering that number, complete information about the project is available. From its layout plan to what clearances the project has got. Not only this, RERA has also given a format for builder-buyer agreement to builders. Earlier some builders used to get only the things of their benefit written in this agreement.
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