Property buyers in Mumbai and Maharashtra often face various legal issues and challenges during the process of purchasing a property. Here are some common legal issues faced by property buyers in Mumbai and Maharashtra:

  1. Title and Ownership Disputes:

   – One of the most common legal issues faced by property buyers is title and ownership disputes.

   – Buyers must verify the title and ownership of the property to ensure that the seller has clear and marketable title to the property.

  1. Encumbrances and Liens:

   – Buyers should check for any encumbrances, mortgages, liens, or charges on the property.

   – An Encumbrance Certificate (EC) should be obtained from the Sub-Registrar’s office to verify the property’s ownership and any existing encumbrances.

  1. Land Use and Zoning Regulations:

   – Buyers should ensure that the property is designated for the intended use and complies with the land use and zoning regulations.

   – The property should be free from any violations of the development plan, zoning laws, or local municipal rules.

  1. Non-Compliance with Building Regulations:

   – Buyers should verify that the property complies with all building regulations, construction norms, and local building codes.

   – The property should have all necessary approvals, permits, and clearances from the local municipal corporation and development authority.

  1. Property Tax and Dues:

   – Buyers should check the payment of property tax, utility bills, maintenance charges, and other statutory dues for the property.

   – A No-Dues Certificate should be obtained from the local municipal corporation or authority confirming the clearance of property tax and dues.

  1. Developer Credibility and Track Record:

   – Buyers should research the credibility and track record of the developer before purchasing a property.

   – Buyers should check the developer’s reputation, past projects, delivery track record, and legal disputes, if any.

  1. Delayed Possession and Delivery:

   – Delayed possession and delivery of the property are common legal issues faced by property buyers.

   – Buyers should ensure that the sale agreement includes provisions for penalty clauses and compensation for delays in possession.

  1. Violation of RERA Provisions:

   – Buyers should ensure that the property is registered with the Maharashtra Real Estate Regulatory Authority (MahaRERA).

   – Developers should comply with all provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA), including timely completion of the project and disclosure of project details.

  1. Litigation and Disputes:

   – Buyers should check for any pending litigation, disputes, or legal issues related to the property.

   – Buyers should conduct a thorough due diligence to identify any legal risks or liabilities associated with the property.

  1. Documentation Errors and Omissions:

    – Buyers should review all property documents, including sale deed, title deed, conveyance deed, and possession letter, for errors and omissions.

    – The sale agreement should be carefully drafted to include all terms and conditions agreed upon by the buyer and seller.

It is essential for property buyers in Mumbai and Maharashtra to conduct thorough due diligence and seek legal assistance to avoid common legal issues and ensure a smooth and legally compliant property transaction.

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