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Going to buy a Flat in Patna:-Check if property is legally clear?



In the Kuldeep Narayan Era of Patna Real Estate, each and every builder property in Patna seemed litigated. Newspaper, local channels and even social media carried the names of buildings and builders in Patna being issued notices by the court. It seems now, at the end of year 2016 that the Black Era of real estate in Patna is over. The last three and half years have made home buyers in Patna, more aware about their rights. It is not only in Patna but the economic slowdown has caught many developers all across the country on the wrong foot. Though one can say Patna faced double onslaught both internal (Kuldeep Narayan) and external (economic slowdown).


In the current real estate scenario in Patna, it is necessary to check if the property is legally clear before booking it, even if it is a branded (though Patna real estate does not have a established Brand as such) project or even from a pretty well known builder to you in Patna. One should inspect the legal documents and construction approvals related to the project through legal consultants if affordable.


Home buyers in Patna are facing real estate legal issues due to the illegal construction by builders in Patna and approval delays by local authorities. This increases the need for purchasers of property in Patna specially flats in Patna to ensure the legal clearances of their new property in Patna.


 You should not get entangled as the buyers of “Santosha Apartment” at Bandar Bagicha, Patna. The irony is that this apartment is at stone throw away distance from Patna Municipal corporation office building. While it was getting constructed each and every staff would be watching it daily. No one (the Sarkari Babus) tried to stop the illegal construction while it was done. Even the Supreme Court upheld that the top floors were illegal and violated building regulations. One may argue that the residents of these flats are being compensated but just think of the years of ordeal they were subjected to. They lost time and peace of mind during the long legal battle. Finally, the Supreme Court ordered to demolish the upper floors as it was constructed against the mandatory building rules.


All the builders in Patna always claim that they have received approvals from the concerned authorities.  Seeking the court only delays the possession which is a loss to both the home buyers in Patna and the builders in Patna. Apart from property related litigations, the construction issues add burden to the flat owners who took home loans as they end up paying the EMI and the rentals together for a much longer period than estimated. Most residential project cases in Patna that run in courts will stretch for years; even if the court gives a verdict in favor of the home buyers in Patna, the builders will appeal again. Tarik par Tarik.


To ensure litigation free real estate transaction, it is necessary to check few factors related to property, which you are going to purchase in Patna.

Title deed from the seller must be clear from encumbrances so it is necessary to check the title. One can search the records at the sub registrar’s office related to the title deed of the property in Patna; registrar office at Bankipur or Phulwarisharif. The report will contain the owner of the property and the related changes in the title.


Khata is a legal document that supports the title which will have an entry of the present owner and it can be verified with the local municipal records. It is necessary to check if the Khata is changed in the present owner’s name as it is necessary to obtain home loan, electricity approvals etc.


Examine the project plan. One can inspect if the building plan is sanctioned by the authorities in case of under construction projects in Patna. This can be done by comparing the sanctioned plan with the actual built up area of the project to avoid any illegally constructed projects. The layout approval can be verified with the concerned authorities. The land survey done at the time of buying the property in Patna will help to check on the legal disputes over titles, boundaries etc.


Check for legal dues. In order to check if the property has any legal dues, one can inspect the encumbrance certificate which will testify if the property is free of all legal dues and mortgages. If the property is in a society, then a no objection certificate (NOC) from the society is also required to check the legal status.


Look in to bank approvals. This is a simpler way to check if the property you are going to purchase in Patna is legally clear as banks will only approve legally cleared properties in Patna that possess valid documents. The bank would have already checked the title clearance and other documents necessary so one can sure that the property is free of litigations. This is the norm but exceptions galore this space.


With real estate issues increasing every day, advises the home buyers in Patna to check the documents and the builder profile along with his previous construction track records. One can even get legal help from attorneys or consultants to perform a thorough check on the property for legal clearances.

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