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Nov 24, 20224 min read

Which Documents Should We Check Before Buying A Land?

Property investments require huge capital and a single mistake made during the process could cause a great deal of trouble for the buyer. Hence it is necessary for the buyer to exercise due caution while examining the documents of the property. With the proper legal advice from experienced Lawyers In Delhi, verification of relevant information pertaining to the properties, a buyer can be sure that this investment brings him peace of mind and a sense of security.


In the following article, we are going to discuss things to consider before buying a land in India, which documents are required and should be examined before he buys a property.


· Checklist for the purchase of property-

As the initial step, the buyer should undertake due diligence to assure that the title exists with the seller of the property, he shall also ensure the nature of the title and marketability. the following documents should be called upon and examined by the buyer-

  1. Title documents of the property- documents such as succession certificate, sale deed, gift deed, will, partition deed, etc, which could provide evidence of the transfer of the title for the past years.

  2. Nature of the title- Leasehold, to freehold for development right

  3. All title documents shall be duly stamped and registered at the office of the jurisdictional sub-registrar of assurances.

  4. Khata shall be registered in the name of the seller

  5. Information regarding any past or pending litigation of the property

  6. Availability of original title documents to the seller

· Identity of the seller-

The buyer should also ascertain the identity of the seller and any specific conditions regarding the ability of the seller to convey the property. Following instances could be helpful in this regard

  1. identification of all owners of the property in case it is held jointly

  2. In case the seller is a company, trust, partnership, firm etc. The documents of the entity are necessary to confirm its ability to own and transfer the property in addition to ascertain that the person executing and registering the sale is duly authorized to do so.

  3. Orders from the competent court, permitting the sale of property and appointing a guardian, in case the property is owned by a minor or a person of unsound mind.

· Permissions for conversion and land use-

The buyer must examine that the master plan satisfies the property is developed in accordance with the zoning plan- such as residential, commerce, industrial, public or semi public, parks or open spaces. In case the actual use is different from notifying zoning, obtaining orders from the town planning authority to permit the change of land use is necessary. Hence, remember these things before you buy the land.


· Construction approvals-

To purchase an apartment or land with constructed building, the buyer should also scrutinize the plan of the building or layout plan as is sanctioned by the local Municipal authority, as well as approval issued by the government, statutory or regulatory authorities, to provide infrastructure facilities water, sewage, electricity, environmental clearances, fire safety approval, etc.

It is important to request the builder for copies of the NOC from various departments, such as the pollution board, environment department, sewage board, etc. which could also be understood as the first permit required for building construction.


· Status of tax payment

In case of nonpayment of property taxes a charge is constituted on the property which may affect its marketability. Hence, the buyer must verify with the municipal authorities if the seller has not defaulted on payment of property taxes. You may ask for the receipt of all utility bills from the seller. It is to be noted here that once the property is transferred into your name, you shall be liable to pay all the pending dues against the property. For further information it is advised to seek legal opinion from experienced Lawyers In Kolkata.


· Physical server and access to the property

The buyer of the property may take a physical survey and confirm the extent and measurement of the property to be bought. In case of a land, it is advised to identify and demarcate the boundaries and access to the property, also to ascertain any other physical attributes that may impede or affect the enjoyment of the property.


· Real Estate (Regulation and Development) Act, 2016 [RERA]

It is mandated by RERA, that the developers should register their projects with the authority as prescribed under the Act. A buyer, intending to buy a property would come under the Ambit of RERA and is advised to verify whether the property has been registered under the authority.


Conclusion

The document mentioned above as well as various other documents are necessary to be verified before buying a land. Hence, it is advised to seek legal guidance for opinion from experienced Lawyers In Bangalore and your own City who could offer you necessary advice as is required in your case. Lead India offers you a wide pool of experienced lawyers who have been dealing with similar situations and could help you with the same.


Call Us: - +91-8800788535

Email: care@leadindia.law

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