Our Services
  • TITLE OPINION
  • DRAFTING OF BUILDER BUYER AGREEMENT
  • DRAFTING OF SALE DEED
  • DRAFTING OF RENTAL AGREEMENT
  • DRAFTING OF GPA / SPA

TITLE OPINION

Title opinion means analyzing the original documents of property to arrive at whether the seller has all rights to sell the document. Title will be complicated when the project is constructed in a consolidated land parcel where different owners are there.

Eg: Project A with land area of 50 acres which is consolidated from 5 different land owners. Land title opinion for this project should be done by analyzing the original documents of the whole 50 acres, not just analyzing the land area in which the home is built. Though the home might be constructed on a piece of land, the home owner will get Undivided Share of land in the whole project. So it is important to analyze 50 acres land title.

Title opinion includes encumbrance certificate, family tree building of all land parcels. In various cases few of descendants of original owner (who is also co owner as per hindu succession law) is missed in subsequent sale, and puts the legal validity of the whole project. So it is important to know the family tree of land owner from the very beginning of ownership of the land.

    Documents Required:

  • Mother document of land document
  • Property tax paid receipt
  • Khata / Patta accordingly
  • Encumbrance certificate

Deliverables:

Vet the document, ask for clarifications on the document. We will give an opinion on title to the land in writing. Title opinion will be given within 10 days of submitting all the required documents and explanantions.

DRAFTING OF BUILDER BUYER AGREEMENT

Builder buyer agreement is entered at the time of builder is doing construction or about to start the construction. This agreement mentions the rights and obligations of both buyer and builder. Salient clauses of the agreement are as below;


  • a. Measurement of land, size of home and amenities

  • b. Construction deadlines and estimated Delivery time

  • c. Specifications of materials to be used in construction and method and technology to be applied

  • d. Payment to be made by buyer stage wise

  • e. Interest, penalty to be paid by both buyer and builder incase of non-payment of due on time and not completing project as per schedule respectively

  • f. Refund policy and restrictions on selling home before completion

  • g. Clearance of duties, taxes payable to government

  • h. Additional charges for any modifications to be made in the construction

Normally builder, buyer agreement in whatever name it is called, is skewed towards the builder. It safeguards the skin of the builder. So buyer should be cautious in knowing all critical clauses in the agreement and discuss with the builder for necessary changes.

Required Documents:

Builder, Buyer agreement / Tripartite Agreement / Construction Agreement or any agreement which describes construction of home in whatever name called.


Deliverables:

Draft builder, buyer agreement, ask / give clarifications from and to builder. Finalize the document which is mutually agreeable. Drafting / vetting of builder buyer agreement will be given within 5 days of receiving required documents and information.


DRAFTING OF SALE DEED

Sale deed is the most important document in the process of home purchase, because this is not only your dream moment but any mistake in this will create long term impact till you sell your home. So give adequate time in drafting, validating each and every clause in the deed. The below are the critical clauses in the deed;


  • 1. Party to the deed: when there is joint development of residential project where land owner gives land and developer constructs the building, land owner gets few home units for his contribution. Ensure whether you are buying land owner share or builder share (it should be registered document to show the units belong to the builder or owner). If there is no registered document to show the units belong to the owner or builder let both of them be parties to the sale deed. This will reduce any question on ownership in future.

  • 2. Consideration paid: Clearly mention consideration paid in different installments in the deed to avoid any litigations in future.

  • 3. Indemnity on claims or losses from wrong title, not having approvals of the land and building.

  • 4. Rights and obligations of apartment owner

    Required Documents:

  • Draft sale deed.

Deliverables:

Draft sale deed or vet sale deed, ask / give clarifications from and to builder. Finalize sale deed which protects interest of buyer. Drafting / vetting of sale deed will be given within 5 days of receiving required documents and information.

DRAFTING OF RENTAL AGREEMENT

Rental agreement is entered between home owner and tenant. This is to safe guard interests of both the parties. Salient clauses of the agreement are;

  • 1. Date of occupation, date of rent deposit paid. When these two dates are different, clearly mention when due for rent will trigger.

  • 2. Deduction in rental deposit for maintenance. Clear mentioning of how much will be deducted based on period of stay will reduce difference of opinion while vacating the home.

  • 3. Repayment of rental deposit at the time of vacating home.

  • 4. Date of payment of rent every month.

  • 5. Deduction of tds every month when rent crosses the threshold limit.

  • 6. Notice period from both sides to vacate home

  • 7. Do's and Don'ts of tenant while staying in the home

Required Documents:

Draft rental agreement / critical points to draft rental agreement.

Deliverables:

We will draft rental agreement either for owner or for tenant with clauses which will protect interests of both parties. Drafting / vetting of rental agreement will be given within 3 days of receiving required documents and information.

DRAFTING OF GPA / SPA

General Power of Attorney (GPA) gives power to some person to execute certain actions on behalf of other person.


Eg: Ram is living in US and wants to buy home. He wants Mohan to enter in agreement with builder on his behalf. So Ram can give GPA to Mohan to enter in to agreement, negotiate and whatever action calls for to complete the transaction. He will also maintain the home by giving it for rental or for his ownuse. Mohan will be the indirect owner of home till the GPA is revoked.


Please note that GPAs which are not registered has no legal validity.


Special Power of Attorney (SPA) gives power to some person only for certain action.


Eg: Ram gives power to Mohan to rent his home. In this case Mohan can not sell home, because SPA does not give power to Mohan.


Both GPA and SPA will mention rights and obligations of both parties as below;

  • 1. Negotiate with seller for better price
  • 2. Take advance either in full or in part of consideration
  • 3. Execute documents of sale in favour of purchaser
  • 4. To sign any other documents to service the buyer like transfer of Khata / patta to buyer

Required Documents:

GPA / SPA

Deliverables:

We will draft rental agreement either for owner or for tenant with clauses which will protect interests of both parties. Drafting / vetting of GPA / SPA will be done within 3 days of receiving required documents and information.

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