LEGAL COMPLIANCE
Drafting of Agreement
Once the seller and purchaser have agreed on a price, the terms of the agreement need to be placed in writing. This is known as the offer to purchase or agreement to sell and is the primary document setting out the requirements of the process to be followed to affect the sale and the conditions thereof.
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The terms of agreement between the parties need to be specific for ensuring timely execution of the contract with penal and liquidated damages clauses. We take care of these elements with utmost diligence and care while drafting agreements to sell.
Documentation
Letter of allotment: The letter that confers allotment of the property to you from the relevant society or authority is a primary document you need to have in order.
Sale deed: The original conveyance or sale deed from the previous owners of the property is needed. This traces the ownership of the property. Missing documents in this chain can raise a red flag. A property with clear documentation and title commands a higher price in the market.
Sanctioned plan: A copy of the approved building plan and occupation certificate issued by the competent authority is another relevant document.
Society documents: Permission to transfer the property has to be obtained from a competent authority - development authority or society - signifying your ownership. A copy of the share certificate issued by the society in your favour indicating your membership in the society is a relevant document.
Non-encumbrance certificate: Through a lawyer we obtain the encumbrance certificate is used in property transactions as an evidence of free title.
Sale agreement: Once the documentation is cleared, the parties can then enter into an agreement to sell and confirm the terms and conditions. After this, they can start preparing the sale deed. Agreement to sell precedes execution of a sale deed. The subsequent sale deed is based on the agreement to sell. This agreement is also signed and executed by the seller and buyer on a non-judicial stamp paper. As such, it has legal value and can be produced as evidence.
An agreement to sell is a base document on which the sale deed is drafted. Every document of transfer of property by sale is preceded by an agreement to sell. It spells out in clear-cut terms the conditions under which the seller is intending to sell the property and the terms and conditions under which the buyer is intending to purchase it.
Registration of Agreement
We assist you in registering your property at the respective jurisdictional Sub-Registrar’s Office. Wherever the presence of the owner is required, we obtain your power of attorney and represent you in judicial matters. We facilitate the registration of the contracts with the respective authorities to avoid any harassment or worthless litigation in the future.
Drafting and Registration of Agreement
The terms of agreement between the parties need to be specific for ensuring timely execution of the contract with penal and liquidated damages clauses.
We take care of these elements with utmost diligence and care while drafting lease contracts. We facilitate the registration of the agreement with the respective authorities to avoid any harassment or worthless litigation in the future.
Documentation
Title documents: This is a proof that the person renting or leasing out the premises is the actual owner of the place.
Share certificates: The place rented out is part of a co-operative society or colony, share certificates also need to be checked.
Electricity bills: It is generally in the owner's name.
Verification of built-up area of the dwelling place: This is done by a qualified architect.
No-objection certificate: This is a certificate that specifies conditions for rent/lease, some do not allow bachelors and may have other forms of bias that is defined in the document.
Tenant Move In
We confirm move-in date with tenant and review the lease guidelines with them regarding things like rental payment terms and required property maintenance. Furthermore, we perform detailed move-in inspection with tenant and have tenants sign a report verifying the condition of the property prior to move-in and ensure that all agreements have been properly executed.
Evictions
In the instance where eviction of tenant is required, we file relevant paperwork to initiate and complete an unlawful detainer action. We coordinate with law enforcement to remove tenant and tenants possessions from unit and represent the owner in the court.