Hello, I am planning to make a purchase of a 5 acre property 90 kms from hyderabad, telangana. The property is in HMDA. I want to get the legal verification done by a lawyer. What would the verification document consist off? And what are the documents that we have to make sure are legally correct?? What and how would a lawyer conduct the verification process?? Also what are the charges incurred during registration? For e.g. stamp duty , registration charges etc etc.. How would these components be calculated? And what is the difference between government rate and market rate? How will this have an impact on the buyer? Regards
Lawyer will take 30 years title search
2) give in writing that tile is clear and marketable
3) stamp duty is state subject and varies from state to state
4) you have to pay stamp duty as per circle rate
5) you can if you so desire in sale deed declare actual sale rate and pay stamp duty accordingly
Since you want to get the legal verification done by a lawyer for the property you want to purchase, you can seek help from a local lawyer.
What documents or details you have with you related to the property? For verifying documents and other details, it is important to know about the property, such as it's plot details, etc. Initial verification may be done as per the details provided by you? If further information is needed then it can be tracked out from the history of the property.
The property tile document the mutation document, if ancestral property of sell than the valid partition and share of the seller, maps of the property.
Also if there is any mortgage(encumbrances) or court case on the property or not.
The lawyer shall obtain the certified record for that survey number from tehsildar/sub-registrar office Revenue Department and shall verify the history of property by looking at past mutations title partition, and encumbrances.
Also it has to be checked that the property is not given or governed by any government notification.
The charges during the registration are of Stamp duty and registration fees. The components are calculated based on the jantari value(in each area the government decides price of land) on basis of that percentage of stamp duty is paid. There is lot of difference as government notified prices are low and the market rates are existing actual prices in the area, so the registration should be always on the jantri that is government value to save stamp cost.
There shall be no impact on buyer you can show different amount in sale deed for registration and can pay buyer the market value if you need to save stamp duty otherwise it shall be calculated on the price of sale.
1. The original title deed/s of the land including the original mother deeds in connection with the said property.
2. Mutation certificate for the said lands.
3. Updated Tax payment receipt.
4. Examination whether there is any Govt. acquisition notice pending in connection with the said property.
5. Collection of certified copies of the Title Deeds recorded in the sub-registrar's office to get cross checked with the original Title Deeds and the mother deeds in connection with the said property.
6. Conducting Court search for last at least 250 years to verify whether the land is litigated property or not.
7. The lawyer will verify the above documents and submit report to you in this regard.
8. Registration charges and stamp duty varies from State to Sate and is dependent on the value of the property to be purchased at its market rate.
9. Market rate is the rate at which a property in the same area has been sold recently and sale deed registered which will ordinarily be more than the price at which you are buying the said property.
10. Since the market rate may be more than the price at which you are buying the property, you shall have to pay stamp duty on higher amount and not on the amount you paid towards consideration for buying the said land.
You need to have documents from mother deed to rtc mr if any verified. A lawyer would go through contents of each documents and how many hands it has been passed on and whether the present owner has right to sell property will be verified.
Stamp duty varies for each state approach local sub registrar office to verify stamp duty applicable.
Government rate is rate fixed by government for that property and market rate is existing prevailing rate in market. If you are buying on government rate you need to pay only so much amount to seller in form.of cheque or DD and pay stamp duty on same and rest you may have to pay in cash without showing the same in sale deed..If you buy as per market rate all the amount you pay needs to be reflected and stamp duty needs to be paid on amount you are evaluating the property.
Better to buy on market rate and get registered to avoid income tax harassment in future.
For verifying the property related papers of the property proposed to purchase you may consult a local lawyer who will let you know about all the relevant documents to be procured for scrutinizing and vetting.
The lawyer will be able to let you know about the exact papers that are required to be scrutinized based on prevailing circumstances.
The government rate means the rate fixed by government but the market rate means the offer price which will higher than the government rate
The stamp duty and registration charges can be known from local registration office.
The lawyer will prepare the title search report after verifying all the requisite records/documents pertaining to this property.
Contact a local lawyer at the place where this property is situate, so that he may conduct a legal due diligence for you of this property.
Stamp duty, varies from state to state and also depends on the nature of the property. Your local lawyer will be able to give you more information on this.
Dear Client,
Verification Document called search report. IF property is purchasing by availing loan than bank will get this done by it`s own advocate.
Report is prepared by searching/examine all the documents in sub registrar office - from the origin of property.
Complete chain of Documents, - allotment letter ( first Origin ),sale deed, gift etc by whatever mode property transferred from one buyer to another, if multiple buyers, all documents through which transfer in ownership effected, taken note of in report.
If property is bought in female name than 4 + 1 % of Total sale consideration and in male 5 +1 stamp duty.
Thank you for your suggestions. I have one more follow up question. The Land I am looking to purchase has a survey number which is 183. The original 183 survey number was to an extent of 9 acres. But then the previous owners sold a part of the land to party1, party1 sold a part of it to partyB which according to the sale deed is 5 acres. As per the current sale-deed, the extent of the land is 5 acres with survey partitions as 183/1, 183/2, 183/a1, 183/ru1.. When approached the surveyor at MRO, he said the village where the land exists does not have the partitions updated in the Land Survey's and so he can only survey the existing land mentioned in the 5 acres and give us an unofficial report. So if the partitions are not updated in the survey records but the Sale Deed has them mentioned, will that not be a problem in the future.
Don’t accept unofficial survey report
2) request the village authorities to update survey records then only purchase the 5 acres of land
See the seller.must have any oder of court for partition or.a partition deed through which the partition is.carried.out so seek that from the seller.
If there is valid.partition deed or court order than its fine and you visit the revenue office and through written application ask status of partition of said survey number if updated or not.
If the sale deed has mentioned them then it would not be a problem. But it is better to update the records asap.
The parties to partition should have taken steps to mutate or transfer the revenue records after partition, where as that seems not to have been done hence the village revenue records remain not updated.
However on the basis of subsequent registered transactions, the title to the property can be confirmed.
You may with an opinion of a lawyer, proceed as per the certification given by the lawyer.
1. File an application before the MRO praying for updating the partitions and give fresh nos.
2. Thereafter you can buy the said property with the existing Survey Number and get the sale deed registered.