Tip #5: Avoid legal wrangles and secure your home investment
Hello Zippservian's now that we have held your hands through the journey of buying a property. We come to the most important phase in the event of buying an apartment. "LEGALITIES".
There are many crucial aspects that are overlooked in the event of finalizing a property. The scary part is people often get emotionally inclined to a property and fail to go through the scrutiny required to assess the Genuity of the property. You have to realize that your property shall be savior in the times of economic needs, and you shall need the property to be hassle free to sell also in the prospect. Making sure the property is free of litigation, encroachment and verified against any violations is a must. Essentially the property should be an easy liquidable asset, you should be able to convert your property to cash when necessary without hassle and this can only happen when all the documentations and legalities are covered.
There is a misconception that big builders usually have the best projects. There are instances where big builders have done bad projects and small builders have done good projects. So basically, it falls down to the projects as a single entity and just because itâ€™s a reputed builder it does not necessarily mean the property is safe, there are instances where properties of major builders have been built in buffer zone or have had litigations owing to not having clear land records and this has made obtaining a Khata a catastrophe for the residents.
To start of things, let's talk about litigations. Do not ever approach a property that has pending litigations. Even if the property is RERA registered it does not mean the property has no litigations. RERA disclosure is much like income tax disclosure, you only disclose what you want to. And the builders obviously will not disclose the dark side of the moon. Even if you realize there is a litigation and the builders try convincing you it is taken care of it is better you get it verified prior you make any financial commitment. The properties on Zippserv clean properties have been previously vetted and verified by the best property lawyers in town. And when we say clean we mean it.
Often another confusion instilled is the Bank verification. The problem is, verification by a bank is not through and through. It is there only to conclude if you should be given the loan. Banks are in the business of selling loans and if you notice closely it is mentioned you need to get your own due diligence done. Their verification is only for the purpose of releasing a loan for which you are liable. At the end of your bank account is still linked to the procured loan and it is you who are liable to the loan not the property itself. Many parameters such as the encroachment check and the OC approvals are often not the fabric of a bank's verification. When you try to resell your property some day and the buyer goes through a stringent verification, some unforseen snags might cause you to end up in a pickle for it.
And now we reach to the scariest part, The Storm water drains or AKA infamous Rajukaluves. These things can be your worst nightmare, and let's not forget the lakes of Bangalore too. If you are confused let me bring some perspective. According to the NGT a property requires to be at least 50 Mts away from a Rajukaulve and at least 75 Mts away from a natural water body (like a lake or pond). This serves to be a problem because many properties often lay on the war path of these two entities. And for all those apartments who boast of having a lake view front let's not get too excited, its better you get a verification done. And properties which end up in the buffer zone will never appreciate in price, it serves to be a moot investment. On Zippserv we have an online tool which was painstakingly produced to make sure you Zippservian's can access it free of cost and find if your property is actually not in the encroachment zone.
- The lawyers of the builders are not essentially your lawyers.
- They do not work for your best interest rather they work for the best interest of the builders.
- Sometimes you are contractually obligated if you are buying a new property to go with the lawyers that the builders have provided for assistance, but that does not mean that you shouldn't get the sale agreement or the sale deed reviewed. In fact, any document that needs to be registered can be verified by a lawyer of your own choosing so you can make sure your interests are safe guarded.
The parameters and variables of law with respect to property are quite vast and an article cannot do justice to the vast subject. But we at Zippserv are there to serve the realm of real estate. Call our advisors and they shall guide you with the predicaments of property you have faced.
As always Zippservian's , Due Diligence is better than Negligence. Trust Zippserv to keep real estate REAL! Lets get you the home you deserve.