1. Due Diligence:

   – Conduct thorough due diligence on the commercial property to verify its ownership, title, and legal status.

   – Verify the chain of title, land records, property documents, and encumbrances.

   – Check for any pending litigation, disputes, or legal issues related to the property.

2. Property Title and Ownership:

   – Verify the title and ownership of the commercial property by examining the property documents such as sale deed, conveyance deed, partition deed, and gift deed.

   – Ensure that the seller has clear and marketable title to the property and has the legal right to sell it.

3. Land Use and Zoning Regulations:

   – Check the land use and zoning regulations applicable to the commercial property as per the development plan, zoning laws, and local municipal rules.

   – Ensure that the property is designated for commercial use and complies with the relevant land use regulations.

4. Building Plan and Approvals:

   – Verify the building plan, layout plan, and construction approvals obtained by the developer or owner from the relevant authorities such as the municipal corporation, town planning authority, and development authority.

   – Ensure that the commercial property has all the necessary approvals, NOCs (No Objection Certificates), and clearances from the local authorities.

5. Encumbrances and Liens:

   – Check for any encumbrances, mortgages, liens, or charges on the commercial property.

   – Obtain an Encumbrance Certificate (EC) from the Sub-Registrar’s office to verify the property’s ownership and any existing encumbrances.

6. Property Tax and Dues:

   – Verify the payment of property tax, utility bills, maintenance charges, and other statutory dues for the commercial property.

   – Obtain a No-Dues Certificate from the local municipal corporation or authority confirming the clearance of property tax and dues.

7. Environmental Clearances:

   – Check for environmental clearances, pollution control NOCs, and other environmental compliance certificates for the commercial property.

   – Ensure that the property complies with environmental laws, regulations, and guidelines.

8. Stamp Duty and Registration:

   – Pay the applicable stamp duty and registration charges for the sale deed or transfer deed of the commercial property.

   – Register the sale deed or transfer deed of the commercial property with the Sub-Registrar of Assurances within the prescribed time frame.

9. Documentation:

   – Prepare and execute the necessary legal documents for the purchase of the commercial property, including the sale deed, agreement for sale, power of attorney, and possession letter.

   – Ensure that the documentation is executed as per the provisions of the Indian Registration Act and Transfer of Property Act.

10. Legal Assistance:

    – Seek legal assistance from a qualified and experienced real estate lawyer or advocate specializing in property transactions.

    – Consult with legal experts to review the property documents, verify the legal title, and ensure compliance with all legal requirements.

By fulfilling these legal requirements, you can ensure a legally compliant and hassle-free transaction when buying commercial property in Mumbai and Maharashtra.

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