what should i do before buying property
8 months ago
kese pata lagaye property kharidne se pehle ki koi fraud to nahi aa scam kyunki online me fraud hai bhut dealer pr bhi bhrosa nhi to lawyer hire kre yaa khud se kuch baate pta ho.
mene aaj tak property nhi li bh chahta hu pr dar rha hu ki fraud ki wajah se
A.Dear Client,
Purchasing a property/land requires utmost care. One has to examine and find out the title of the seller or the nature of his right. A seller can sell only what he possesses. Therefore if a seller has a proper and valid title, on purchase you will get a valid title. If the seller's title is defective, you will get only a defective title. The simple reasoning is that he can sell what he has, and nothing more. When buying a property, legal due diligence is essential to avoid getting entangled in legal issues later. Here are some of the precautions you can take before finalizing a property deal. - 1. Check the antecedents of the vendor(s):- We all verify title deeds and all connected documents before buying the property. 2. Check the title of the property:- The title of the property forms the foundation of any contract. According to the Indian Contract Act, no seller can pass on to the purchaser a better title than what he already possesses. Therefore, the title of the seller must be clear and free from any encumbrance. 3. Verify the title of the seller:- The vendor may have acquired his title either by purchase, by inheritance, by partition, by gift, by settlement or by grant. To find out the source of title there must be some document like Entries in revenue records, and the predecessor's title, Deed of partition, Gift deed, Settlement deed, Grant order, Release deed etc. 4. Personal inspection of property under sale (site/building/flat/agricultural land), 5. Sale by the holder of power of attorney:- If the sale documents are being executed by a person holding power of attorney on behalf of the owner, the said power of attorney should be scrutinized thoroughly. 6. Check the original documents:- Always inspect the original documents of the seller and read all the documents carefully before signing them. 7. Colour Photostat copies frauds:- Today, the technology used in colour Photostat machines is very advanced, and copies generated using these machines are of high quality. Innocent purchasers can be duped by clever vendors by delivering colour Photostat copies instead of the original. Therefore, a proper check shall be done to verify whether the documents are original or colour Photostat copies, 8. Verify photographs and thumb impressions of the vendor:- Section 32A of the Registration Act, 1908 prescribes that in case of sale deeds, both the vendors and buyers should affix their photographs and thumb impressions along with the document. 9. Tax receipt and bills:- Property taxes which are paid to the government or municipality are the first charge on the property. Hence, enquiries must be made in government and municipal offices to ascertain whether all taxes have been paid up to date. 10. Encumbrance Certificate:- Before purchasing the land or house, it is important to confirm that the land does not have any legal dues. Check the Encumbrance Certificate (EC) issued by the sub-register office where the deed has been registered, 11. Pledged land:- Some people may have taken a loan from the bank by pledging their land. Ensure that the seller has paid back the entire amount due. 12. Place a public notice:- A public notice may be placed in newspapers calling for claims in respect of the property being purchased. Claims can come even afterwards, public notice helps in proving that you purchased the property bona fide and in good faith. 13. Inspect the plans:- If the building is under construction then inspect the plans to check whether they have been sanctioned by the concerned authority. 14. Payments of stamp duty:- Always verify documents of title to check payment of stamp duty. If the ownership of property has changed hands more than once, examine all the documents for payment of stamp duty by the predecessors. 15. If the property belongs to a minor:- In the case where the property is owned by a minor, prior approval of the court is required to enable the minor's other/natural guardian to sell the property. 16. Check the minimum tenure of land if taken on lease:- If the flat that is being purchased is in a building built on land that is given on lease, lease rent would have to be paid for the land by the flat owners. AND last but not least, engage a competent lawyer:- There are several laws involved in immovable property transactions. Therefore, it is better to engage a competent lawyer to investigate the title, possession, ownership and other aspects.
Purchasing a property/land requires utmost care. One has to examine and find out the title of the seller or the nature of his right. A seller can sell only what he possesses. Therefore if a seller has a proper and valid title, on purchase you will get a valid title. If the seller's title is defective, you will get only a defective title. The simple reasoning is that he can sell what he has, and nothing more. When buying a property, legal due diligence is essential to avoid getting entangled in legal issues later. Here are some of the precautions you can take before finalizing a property deal. - 1. Check the antecedents of the vendor(s):- We all verify title deeds and all connected documents before buying the property. 2. Check the title of the property:- The title of the property forms the foundation of any contract. According to the Indian Contract Act, no seller can pass on to the purchaser a better title than what he already possesses. Therefore, the title of the seller must be clear and free from any encumbrance. 3. Verify the title of the seller:- The vendor may have acquired his title either by purchase, by inheritance, by partition, by gift, by settlement or by grant. To find out the source of title there must be some document like Entries in revenue records, and the predecessor's title, Deed of partition, Gift deed, Settlement deed, Grant order, Release deed etc. 4. Personal inspection of property under sale (site/building/flat/agricultural land), 5. Sale by the holder of power of attorney:- If the sale documents are being executed by a person holding power of attorney on behalf of the owner, the said power of attorney should be scrutinized thoroughly. 6. Check the original documents:- Always inspect the original documents of the seller and read all the documents carefully before signing them. 7. Colour Photostat copies frauds:- Today, the technology used in colour Photostat machines is very advanced, and copies generated using these machines are of high quality. Innocent purchasers can be duped by clever vendors by delivering colour Photostat copies instead of the original. Therefore, a proper check shall be done to verify whether the documents are original or colour Photostat copies, 8. Verify photographs and thumb impressions of the vendor:- Section 32A of the Registration Act, 1908 prescribes that in case of sale deeds, both the vendors and buyers should affix their photographs and thumb impressions along with the document. 9. Tax receipt and bills:- Property taxes which are paid to the government or municipality are the first charge on the property. Hence, enquiries must be made in government and municipal offices to ascertain whether all taxes have been paid up to date. 10. Encumbrance Certificate:- Before purchasing the land or house, it is important to confirm that the land does not have any legal dues. Check the Encumbrance Certificate (EC) issued by the sub-register office where the deed has been registered, 11. Pledged land:- Some people may have taken a loan from the bank by pledging their land. Ensure that the seller has paid back the entire amount due. 12. Place a public notice:- A public notice may be placed in newspapers calling for claims in respect of the property being purchased. Claims can come even afterwards, public notice helps in proving that you purchased the property bona fide and in good faith. 13. Inspect the plans:- If the building is under construction then inspect the plans to check whether they have been sanctioned by the concerned authority. 14. Payments of stamp duty:- Always verify documents of title to check payment of stamp duty. If the ownership of property has changed hands more than once, examine all the documents for payment of stamp duty by the predecessors. 15. If the property belongs to a minor:- In the case where the property is owned by a minor, prior approval of the court is required to enable the minor's other/natural guardian to sell the property. 16. Check the minimum tenure of land if taken on lease:- If the flat that is being purchased is in a building built on land that is given on lease, lease rent would have to be paid for the land by the flat owners. AND last but not least, engage a competent lawyer:- There are several laws involved in immovable property transactions. Therefore, it is better to engage a competent lawyer to investigate the title, possession, ownership and other aspects.
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