7 key legal checklist for buying a property
Ownership of a home is bliss. An occasion of celebration. Sometimes the state of blissfulness turns bitter by ignoring a few thumb rules necessary for buyer of a property. Given hereunder are the seven of them.
- Verification of title and ownership:
This requires 6 documents to be verified yourself or your legal consultant. These are:
- Title documents which include Sale Deed, succession certificate, gift deed, will, partition deed etc. with clear chain of transfer of property
- Nature of title: freehold, leasehold, or development right etc.
- In case of development right, there should be development agreement, power of attorney executed by the owners in favour of the seller
- All documents should be duly stamped and registered at the office of sub-registrar
- Registration of sellers name in Khata
- Original title document should be with the seller
- Verification of Seller’s identity
Further to verification of the property’s title, seller’s genuine identification is a must. In this regard following points may be noted:
- Status of nationality and whether consents is required from govt. authorities for sale
- Identification of all the owners if property is held jointly
- If the seller is a company, partnership firm, trust, society etc. the documents to ascertain their capacity to own and transfer the property and that the person executing the sale deed documents is duly authorized
- Orders from courts are required where the property belongs to a minor or a person of unsound mind
- Verification of Conversion and land use papers
Conversion Certificate is mandatory to be obtained from the legal body for the property. A Conversion Certificate is issued to change the use of the land from agricultural to non-agricultural purpose from the competent revenue authority.
- Verification of Construction approval
Buyer should verify the building and layout plan sanction by municipal authority. Approvals for infrastructure facilities like water, sewage, electricity, environment clearance etc. should also be verified.
- Verification of Occupancy Certificate
Seller must have the occupancy certificate issued by the competent authority before selling the property. Buyer might end up paying penalty for not having obtained the seller’s occupancy certificate.
- Verification of Tax Payment
Receipts for property tax bills ensure that all taxes for the property are paid to the government/municipality.The buyer should ask the seller for the latest original tax paid receipts and bills and check the details of the owner’s name, the tax payer’s name, and the date of payment on the receipt.
- Verification of Encumbrance Certificate
Encumbrance means charges in the ownership or liabilities created on a property that is held against a home loan as security.It is a certificate sought for a particular period proving the property purchase/sale, the presence of any transaction or mortgage. One should obtain an EC while submitting for a copy of the Sale Deed. A search at sub-registrar’s office will reveal if there is any registered encumbrance of the property.
So be a careful buyer. Don’t be smitten by the physical appeal of the property alone. Its documentation should also be equally appealing and clear. That only will ensure a peaceful ownership.