Professional Documents
Culture Documents
The following documents are required to be carefully seen (in case of bank loans, the
bank will also demand these) -
1) Blue print of the plan from the builder (In case of flat / constructed property)[not
relevant for land]
A Lawyer comes into the picture while drafting your sale agreement. Estate agents /
builders have draft agreements of sale which they give you and you may think that a
lawyer is not required.
That would be a grave mistake. Most agreements drafted by Builder's lawyers are
extremely one sided. Remember if tomorrow there is a litigation, the court is not going to
ask you as to what was agreed, they will read the contract.
Your contract is extremely important and should be drafted by a lawyer. Do not try to
save Rs. 5-10,000/- (depending upon your city. In most tier 2 cities like Pune lawyers
take Rs. 4-6,000/-) only to waste lakhs later on litigation.
Further, each agreement is different. In a Contract, the lawyer is going to write the entire
history of your property and customize it according to your specific situation. A builder /
Estate agent will not.
Not only that there are extremely important clauses that can help you win or lose a case
in case of litigation in the future.
In 60% of the cases, if you get your agreement drafted by non legal people, there may
not even be problems. But if you are among the 40%, it will be a big headache.
So in conclusion, the risk is not worth taking.
Consult the specialists in every field when doing something related to that. When
suffering from a disease, go to a doctor not Asaram Bapu. Same way, when dealing
with contracts, get them drafted by experts.
Secondly, a legal search of the property (not to be confused with physical search) has
to be conducted by engaging a lawyer following which he gives a title note. If you
approach nationalised banks for loan to buy property, their lawyers conduct a search
and give title note. But if not, you have to do it yourself.
Lawyers conduct search by visiting sub registrar's office and checking the record of title
documents.
Example - You bought a flat without public notice and legal search, and turns out the
owner did not have a clear title. Now you along with the owner are being sued for
cancellation of your purchase.
In such a case, the law / court is bound to protect the interest of a bonafide purchaser if
he had given a public notice and had conducted search. If not, then the law is not going
to protect your interest.
The Satbara extract also includes the “significant” changes and corrections made to the
ownership records of a particular plot of land. These changes are recorded in 6/12
Extract/Utara, which is also known as “Pherfar Patrak” (Marathi for significant changes
and corrections).
If there is no formal access road to the land, the Satbara extract also details how the
land can be accessed. In such cases, the typical access would be through someone
else’s land, details of which are included in Satbara Extract. Meanwhile, the Pherfar
entries include changes to the ownership, changes to original measurements,
partitioning of plot (if any), loans against the land, pending litigation, etc.
One can obtain the copy of Satbara extract of a particular plot from the Maharashtra
state revenue offices. The Talati office of the respective village maintains the Satbara
records. All you need to do is pay the official fee to obtain the extract.