GUIDELINES
TO PURCHASERS OF APARTMENTS
People with different culture, taste and habits
living in separate dwelling units situate within a compound is not new to the country as it was
prevalent in the past under the name and style as Vatara houses wherein small
dwelling units were constructed within a compound for occupation and use by different
families as their residence. Vatara houses were constructed in horizontal or in L
shape rows with single storey structures unlike the present day multiple storey
vertical apartments.
Property advocates
Advocate Selvakumar
Advocate Bangalore
Selvakumar Bangalore
Bangalore Legal opinion
Litigation
Apartment culture, though of recent origin, has
gained tremendous acceptance by the people in a very short time. Generally, it
is seen that in apartments, people of different back- grounds, origin and
culture live in good harmony and brotherhood. Shalimar Apartment, built in
early seventies was probably the first Apartment that was constructed in
Bangalore. Apartment culture further gained acceptance in early eighties when
several apartments were built in Malleshwaram and other places. Since-then
construction of apartments is in full swing in Bangalore and a large number of
reputed builders and Promoters are busily engaged in the development of different Apartment Projects in and round Bangalore to meet the ever
increasing demand for commercial and residential apartments.
Merits
of apartments
Apartments have certain advantages in comparison
with the independent houses. The first and foremost advantage the purchaser of
an apartment will enjoy is that he need not have to worry about the issues like
obtaining plan sanctions, finding a building contractor, supervising the
construction work, obtaining basic amenities such as water, power, sewerage
facilities for the building and so on which is taken care of by the Developer.
The purchaser of apartment need not have to worry for any civic problems which
he may encounter after his occupation of the apartment, since these problems
are tackled by the Apartment Owners Associationl Builder for which a nominal
charges are levied.
The next advantage an apartment owner gets would be
the social harmony he would get due to community living. A sort of bondage is
developed amongst the residents of apartments.
Further, for the exclusive use of apartment
owners/occupants almost all the apartments now-a-days, do have facilities like
gym, health-club, recreational center, sports club, swimming pool, private
security system within the premises for which again a nominal fee is charged.
Demerits
of Apartments
Even though living in apartments do have many
advantages, they are not totally free from disadvantages. A Person who lives in
an apartment generally is deprived of his privacy. Further, the apartment owner
is prevented from carrying out any major addition, alteration or modification
to his apartment to suit his needs. All such repairs, alterations and
modifications are to be carried out with least inconvenience to other apartment
owners and any damage or loss caused to the other apartment owners are to be
compensated. The amount collected by the Apartment Owners Association to meet
the expenses for general maintenance and upkeep may be more than what a person
would have spent had he owned an independent house and could be much more than
what is required for such maintenance. There is every likelihood of such a
common fund being misused by the office bearers of the Association or over
which there could be some misunderstanding amongst the apartment owners leading
to unsavoury situation.
Apartments would fetch a much lower price compared
to an independent house during its second sale. Further, any dilapidated single
apartment would fetch no buyers since the land on which such apartment is built
is owned by all the apartment owners and the seller does not have the exclusive
ownership right over the land on which such apartment is situate. On the
contrary, a dilapidated independent house would generally get prospective
buyers irrespective of the condition of the structure since new structures
could be put on such sites after demolishing the existing ones and the seller
of such a dilapidated house will transfer his right, title and ownership of the
land as well.
How
to proceed?
As in the case of purchase of any other property,
verification of ownership title is one of the pre-requisites for purchase of an
apartment also. Though the builder of apartments provides legal opinion given
by his advocate regarding subsistence of marketable and valid title of the
vendors, it is always better that the intending purchaser of an apartment gets
the title report of the property scrutinized from an advocate of his choice
having vast knowledge and experience in property dealings. The legal scrutiny
report shall contain detailed information regarding the origin, flow of title,
present status of the owner, validity of the OPA, Joint Venture, if any,
entered into between the owner and the Developer.
Another very important aspect which requires consideration
is to ascertain whether the approval for construction of apartments and the
plan has been obtained form the competent authority and to find out whether
commencement and completion certificates have been issued by such an authority.
Property advocates
Advocate Selvakumar
Advocate Bangalore
Selvakumar Bangalore
Bangalore Legal opinion
Litigation
Location of the building is another important aspect
which one has to consider before purchasing an apartment. This is mainly because
any building which has no proper access to main roads with insufficient public
transport and other civic amenities such as water, electricity supply, proper,
sanitation, parks, market place, hospitals, schools, etc. would put the
purchaser of flat to a great hardship and inconvenience.
Apart from all these, the previous history and
record of the Builder is necessary to be verified for which purpose, it is
always advisable to visit some of the 4 projects executed by the builder in
advance.
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