Legal Advice: How to Verify Property Before Purchasing in India
When buying land, a plot, or a flat in India, it’s essential to conduct thorough due diligence to ensure the property is legally clear and free of disputes. Here are the steps you should follow for property verification:
1. Title Deed Verification
Ensure the title deed is in the seller’s name and check for any previous sales or transfers. Obtain the document from the Sub-Registrar’s Office. A legal expert can help verify its authenticity and any encumbrances.
2. Encumbrance Certificate (EC)
Obtain an EC from the Sub-Registrar’s Office for at least the past 13-30 years. This certificate will show if there are any legal dues, mortgages, or other encumbrances on the property.
3. Land Use Verification
Verify that the land use complies with local planning authority regulations. Ensure the land, plot, or flat is not designated for agricultural use if you plan to develop it for residential or commercial purposes. Check with the local urban development authority or municipal corporation.
4. Survey and Boundary Verification
Hire a licensed surveyor to confirm the dimensions and boundaries of the land or plot according to the official records. This helps avoid any discrepancies between the actual plot and the registered documents.
5. Approvals and Permissions
Ensure all necessary approvals and permissions from local authorities are in place. This includes layout approvals, building permits, and No Objection Certificates (NOCs) from relevant departments such as Water, Electricity, and Fire.
6. Check for Litigation
Conduct a thorough search to ensure the property is not involved in any legal disputes. A legal expert can check court records and public notices for any pending litigation.
7. Seller’s Identity and Right to Sell
Verify the seller’s identity and ensure they have the authority to sell the property. For properties owned by companies, check for a resolution passed by the board of directors authorizing the sale.
8. Mutation and Tax Receipts
Verify that the property has been mutated in the seller’s name and check the latest tax receipts to ensure there are no outstanding dues. This can be done at the local municipal office.
9. Local Body Dues
Check for any pending dues with local bodies, including property taxes and other charges. Ensure all payments are up to date.
10. Government Acquisition Plans
Verify that the property is not under any government acquisition plans. This can be checked at the revenue department or local municipal office.
11. Physical Inspection
Visit the site to check for any encroachments or illegal occupants and confirm the physical condition of the land, plot, or flat.
12. Hire a Legal Expert
Consider hiring a property lawyer to help with the verification process. They can provide a thorough legal opinion and ensure that all documents are in order.
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By following these steps and seeking professional legal assistance, you can ensure that the land, plot, or flat you intend to purchase in India is free from legal issues and safe for investment.