Possession Delay – NCLT

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Overview 

Property paper verification, also known as due diligence, is a crucial step in the process of buying or selling real estate. It involves thoroughly examining all relevant documents pertaining to the property to ensure that the title is clear and free from any legal encumbrances or disputes. Property paper verification helps buyers and sellers make informed decisions and mitigate risks associated with real estate transactions.

Procedure

Gather Relevant Documents
Collect all documents related to the property, including the sale deed, title deeds, property tax receipts, encumbrance certificate, building plan approvals, possession certificate, and any other relevant documents.
Examine Title Documents
Review the title deeds to verify the chain of ownership and ensure that the property has a clear and marketable title. Check for any discrepancies or irregularities in the title documents that could affect ownership rights.
Check Encumbrances
Obtain an encumbrance certificate from the Sub-Registrar's office to verify if there are any existing encumbrances, such as mortgages, liens, or legal claims, on the property. Ensure that the property is free from any legal liabilities that could affect its transferability.
Verify Property Tax Payments
Examine property tax receipts to confirm that all taxes and dues related to the property have been paid up to date. Unpaid property taxes could lead to legal complications and affect the transfer of ownership.
Review Building Plan Approvals
Check for approvals from the relevant authorities for the construction of the property, including building plans, layout approvals, and occupancy certificates. Ensure that the property complies with local zoning and building regulations.
Conduct Physical Inspection
Visit the property to conduct a physical inspection and verify its condition, boundaries, and amenities. Note any discrepancies or discrepancies between the physical condition of the property and the information provided in the documents.
Seek Legal Opinion
Consult with a qualified real estate lawyer or legal expert to review the documents and provide guidance on any legal issues or concerns identified during the verification process. A legal opinion can help assess the risks associated with the property and determine the appropriate course of action.
Negotiate Remedies (if necessary)
If any issues or discrepancies are discovered during the verification process, negotiate with the seller to address and resolve them before proceeding with the transaction. This may involve seeking corrective measures or adjustments to the terms of the sale agreement.
Proceed with Transaction
Once the property paper verification process is complete and all concerns have been addressed satisfactorily, proceed with the transaction by executing the sale deed and completing the necessary formalities for transfer of ownership.

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Frequently Asked Questions

A rental tenant notice is a written communication provided by a tenant to their landlord to inform them of their intention to vacate the rental property or to request changes to the tenancy agreement.

The notice period required for moving out of a rental property varies depending on the terms of the lease agreement and local rental laws. Typically, tenants are required to provide notice at least 30 days in advance, but this may vary.

A notice to vacate should include the tenant's name, the address of the rental property, the date of intended move-out, and a statement indicating the tenant's intention to terminate the tenancy agreement. It is advisable to check the lease agreement for any specific requirements regarding notice.

In most cases, tenants are not required to provide a reason for moving out in their notice to vacate. However, some landlords may request a reason for their records or to understand the circumstances better.

Tenants can generally give notice to vacate before the end of the lease term, but they may be responsible for paying rent until the end of the lease period or until a new tenant is found, depending on the terms of the lease agreement and local laws.

If your landlord does not respond to your notice to vacate, it is advisable to follow up with them to ensure they have received the notice. You may also consider sending the notice via certified mail or email to have a record of delivery.

Tenants can request changes to the terms of their lease agreement, such as rent adjustments or repairs, by providing a written notice to their landlord. However, the landlord is not obligated to agree to the proposed changes unless specified in the lease agreement or required by law.

The notice period required for requesting repairs or maintenance depends on the urgency and severity of the issue. Landlords are generally required to address urgent repairs promptly, while non-urgent repairs may require advance notice.

Landlords cannot legally refuse to accept a tenant's notice to vacate if it is provided in accordance with the terms of the lease agreement and local rental laws. However, it is advisable to ensure that the notice is delivered in writing and retained for your records.

If your landlord disputes your notice to vacate, it is advisable to review the terms of the lease agreement and consult with a legal expert to understand your rights and obligations. In some cases, mediation or legal intervention may be necessary to resolve the dispute amicably.

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