Advice

General precautions to be taken while buying property (plot/house/shop).

1. Title to property.

  • Whether there is net ownership can be ascertained by verifying the original documents of ownership of the property personally as well as through Advocate Shri.
    (Documents related to ownership include sale deed/if, Akarani Sheet/Village Form No.2 Produce Cost Sheet, Property Card, Village Form No.7/12, No Tax Due Certificate, Construction Permission etc.)
  • Submitting a search report from the Sub-Registrar Office so that the registered transactions of the property can be ascertained.
  • It is imperative to clarify whether there is any loan/encumbrance/lien/or any other type of liability on the property.
  • It is imperative to obtain a title clear certificate through an advocate.

2. Recordal verification of property

  • Whether the property is held in the government records in the name of the seller?
  • Government or semi-government taxes of the property should not be overdue.
  • The property should not be restricted or under acquisition under any law.
  • Check the zone of the property.
  • Whether there are revenue and/or court cases pending regarding the property?
  • Whether the changes in the property records have been duly recorded as per the orders of the competent authority?
  • Verify the purpose of the property (Residential / Commercial / Industrial / Multipurpose / Agricultural) on record.
  • The title should not be disturbed by any past note.

3. Possession of property

  • Whether the seller is in direct possession of the property? Which can be confirmed by asking around and face to face.
  • Whether the access road shown in the government authorized map of the property is existing and open at the site?
  • Accurate measurement of the area of the property should be done with the surveyor and then possession should be taken.

4. Deal / agreement of property.

  • Dealing with clarifications in writing as far as possible.
    (Clarification:- Names of parties, addresses, mobile numbers, email, area of land, price, total price, token, mode of payment, payment times, document time etc. all conditions)
  • It is imperative to make the deal in the presence of witnesses and face to face with the seller.
  • It is imperative to get access to the paid money.
  • It is imperative that no law is violated in making the deal/agreement.
  • It is imperative to deal through a trusted broker if possible.

The above precautions are to be taken in general. Do not rely entirely on it. Precautions vary by property type and location. So it is imperative to consult an advocate.