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y ! Sourav das on "# March $%#&

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*ocuments to be veri+ie# be+ore bu&in! an&
propert&
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efore buying any property or land in 'ndia( following legal documents or
legalities should be chec)ed.

,-.itle #ee# / certi+icate o+ title o+ te lan#
*hen you are planning to buy any property( first and foremost thing is to
chec) down the title deed of that property. +he property title deed is the legal
document which proves the ownership of property. +he title deed presents certain rights and
freedom to the person who holds it and such deeds are re,uired where person wants to transfer
his ownership.'t includes description of property along with the person-s name that holds it and
multiple persons can be listed as owner as well. An official seal is used to point out that the
deed is recorded officially and normally it is signed by an owner.s/ and a witness who may be a
regional officer or a cler).

So as a buyer you have to as) for original deed not a 0ero1 because sometimes the seller might
have ta)en a loan and given in the original deed.

2ou should ma)e sure through the title deed that the property is in the name of solely a seller
and no one else is and he has all rights to sell it. +he best practice is to get reviewed the
property deed by an e1pert lawyer 3ust to ma)e sure that there are no loop holes.

As a good buyer you may also as) for a previous deed and get reviewed by a lawyer.

2- Encumbrance certi+icate

+he encumbrance means any liabilities or charges created on any property in terms of any
security of any debit by property owner which is not discharged as on date. 't might be held as
security against ban) loan against property. 4ncumbrance certificate is necessary to chec) the
title clearance of property when buying any property. +his legal document is issued by
registering authority. 5overnment authorities and financial institutes li)e ban) is re,uested
encumbrance certificate for the period of #" years but you can as) for up to "% years as well to
be chec)ed. +hen after if you still have any doubts( you can get possession certificate of
ownership for a particular land from village office.

0- .orrence 1lan

+orence plan is detailed plan of the property which is done by a licensed surveyor. All the
measurements details in it are accurate in terms of length( width( borders etc. this plan is
necessary for some specific areas only.

2- 1le#!e# lan#
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>oice of Amritsar
faceboo).com?arun3aitley
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Amritsar in Delhi
Documents to be verified before buying any property http://www.lawyersclubindia.com/articles/Documents-to-be-verified-befo...
1 of 3 4/3/2014 11:25 AM
10
Source : ,http://www.lexrete.com/post_view.php?id=9

Many property owners ta)e ban) loan by pledging their property. So chec) they have paid the
entire amount due when you are going to buy that property. 'f they have paid entire amount
due then ban) has issued them a @=elease certificateA. As) for the same as this release
certificate is necessary whenever you want to ta)e any loan in future.

5- 1ropert& .ax receipts

Property ta1es are first charge on property that is paid to government or municipality. So you
have to ma)e en,uiry in government and municipal offices to ensure whether all ta1 has been
paid as on date. 2ou can as) for latest ta1 receipt from owner. 'n this way you can chec)
whether any notices or re,uisitions are issued on property or any ta1 due on the property.
*hile you are chec)ing property ta1 receipt( there are two columns in it. 7ne is for owner-s
name so verify it and other is for ta1 payer. 'n some cases( the ta1 receipt is not with owner. 'n
such cases( you should contact village office with the survey number of land and confirm the
original owner.

6- (easurement o+ 1ropert&

't is prudential to measure the land before registering any property. 'n this way you can ensure
the measurements and borders of land are perfect and accurate. 2ou should get done it with
authori:ed surveyor as you will avoid many problems coming in future. Bor the sa)e of your
)nowledge you should ta)e surveys s)etch from survey department and do ensure the
accuracy.

5- 6wner or 6wners

'n some cases( it-s possible that there will be more than one owner of property. 'n that case get
Co 7b3ection 8ertificate or =elease certificate from other owners.

8- N$7 owner

An C=' can also sell his property in 'ndia. Bor this he gives Power of Attorney to third person
whom he give rights for selling the property on behalf of him. +he most important thing is to
ensure the Power of Attorney is witnessed and is duly signed by an officer of the 'ndian
4mbassy. +he Power of Attorney signed by a notary public has no legal support ' such a case.

8- *ee#/ 'ale A!reement

After sorting out all the things whether financial or any other between buyer and seller( it-s now
turn for advance payment and agreement between them. +he agreement is done on Do =s
stamp paper. 't includes the final actual amount( advance payment( time limit to pay due
amount and how to pay in installments( time indication when the actual sale should ta)e place.
't also includes what to do to cover loss if one of buyer or seller ma)es default. +his ensures
that the seller does not defer cost in any case after finali:ation and he doesn-t sell to another
party meanwhile. +his agreement can be done by an e1pert lawyer and signed by both the
parties with two witnesses. After doing this agreement( if one from both parties ma)es any
default then another one should ta)e legal action against him.

,9- 1ropert& $e!istration

All property sales will be held illegal unless the transaction is by means of a sale deed duly
stamped and registered. After collecting and chec)ing all the documents( you have to register
land? property at the Sub;=egistrar or the SDM .Sub District Magistrates/ of your area.

Mail! souravElw1rete.com for clarification and advice.
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Documents to be verified before buying any property http://www.lawyersclubindia.com/articles/Documents-to-be-verified-befo...
2 of 3 4/3/2014 11:25 AM
dr g balakrishnan
Wrote on %# April $%#&
true need to follow besides other things
kavksatyanarayana
Wrote on "# March $%#&
than) you for providing important item for registering public.
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