• What to check while buying land in Hills in Uttarakhand?

I am a first time buyer. I belong to Uttarakhand. Need basic and important points to follow about buying land.

What are the checklist points one should follow while buying a land in hills? And how one verify that the land is freehold property and not under any dispute or belongs to Forest Dept/ Army Cantt.?
Asked 6 years ago in Property Law
Religion: Hindu

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6 Answers

It is always advisable to check the related deeds from a local lawyer before buying the proeprty.

Howeevr to give a typical checklist you may refer to the list below-

1 Sale Deed, Title Deed, Mother Deed, Conveyance Deed

2 RTC Extracts

3 Katha Certificates and Extracts

4 Mutation Registration Extracts

5 Joint Development Agreement

6 Power of Attorney

7 Sanctioned Building plan

8 NOC from Electricity Dept. / Pollution Dept. / Water Works / Port Authority

9 Sale & Construction agreement between developer/Builder & 1st owner

10 Copy of Possession letter from Builder / Developer

11 Any Loans on Property verification

12 Sale Agreement with the Seller

13 All Paid Tax receipts

14 EC up to date for last 13 years

15 Demand letter from Vendor before disbursement

16 NOC from Society / Building

17 No Due Certificate

18 Approved Plan

19 Layout approval plan

20 Auction Sale confirmation letter from local authority

21 Release Deed if any

22 Completion Certificate

23 Occupancy Certificate

24 Deed of Declaration

25 Latest Electricity Bill

For plot of land; List of Documents to be verified

1 Sale Deed, Title Deed, Mother Deed, Conveyance Deed

2 RTC Extracts

3 Katha Certificates and Extracts

4 Mutation Registration Extracts

5 Joint Development Agreement

6 Power of Attorney

7 Sanctioned Building plan

8 NOC from Electricity Dept. / Pollution Dept. / Water Works / Port Authority

9 Sale & Construction agreement between developer/Builder & 1st owner

10 Copy of Possession letter from Builder / Developer

11 Any Loans on Property verification

12 Sale Agreement with the Seller

13 All Paid Tax receipts

14 EC up to date for last 13 years

15 Demand letter from Vendor before disbursement

16 NOC from Society / Building

17 No Due Certificate

18 Approved Plan

19 Layout approval plan

20 Auction Sale confirmation letter from local authority

21 Release Deed if any

22 Completion Certificate

23 Occupancy Certificate

24 Deed of Declaration

25 Latest Electricity Bill

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1) The Uttarakhand High Court on September 22, 2011 struck down the much-contentious land reforms in the state under which outsiders were prohibited to buy more than 250 square meters of agriculture land.

2) A division bench of Chief Justice Barin Ghosh and Justice U C Dhyani said all the citizens of the country would now be able to purchase up to 12.5 acres of agriculture land in the state under the Land Ceiling Act.

3) Following this judgment any person who is a citizen of India can purchase 12.5 acres of agricultural land in Uttarakhand which is also the permissible limit under the Land Ceilings Act.

4) Supreme Court has stayed the orders of the Uttarakhand High Court which had cancelled the ceiling imposed by the state government on the amount of agricultural land that could be bought in Uttarakhand. The decision was given on a writ petition filed by the state government

5) you should seek inspection of original documents

6) take 30 years title search report

7) obtain written opinion from lawyer that title is clear and marketable

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You can ask a local lawyer to conduct a report for last 36 years and give you the details of the land which is also known as non encumbrance certificate.

The lawyer will search for details of the land of last 30 years.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hi, the complete details of the land can be Accquired from the Patwari office or land revenue office .. Give them the details of land and they will tell you about its ownership title and of any government interest ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Engage a lawyer and ask him to do a thorough legal due diligence of this property to find our the chain deeds. From the chain of the sale deeds, it will be clear has a clear title to sell off this property. He'll also check if the property is free from encumbrances.

The Deed Title: Check if the deed title is in the name of the seller and he has the full right to sell it. Insist upon looking at the original and not just a photocopy.

Encumbrance Certificate: This document can be procured from the sub-registrar's office where the deed is registered. It declares that the land is free of any legal hassle and unpaid dues.

Property Tax Receipts and Bills: Ask for the originals again and ensure all the payments have been made as this could lead to legal complications and more expenditure in the future.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Any person whether belonging to Uttarkhand or outside the state can buy agricultural land in the state up to 12.5 acres.

This being the hilly state besides title documents, link title documents, ECs, property tax receipts, mutation records, revenue records, sale agreements or mortgage details, confirmation from the revenue department about the specification of the property proposed to buy and other requirement namely NOC from forest department, NGT or pollution control departments etc are to be obtained.

It is very important to obtain proper legal opinion from a local advocate before venturing into the purchase, because the local advocate would be knowing more about the local laws involved in such matters.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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