• Finding out if property(land) sold twice?

Respected Lawyer,

I plan to buy a property (plot/site) in the North part of Bangalore. I would like to know what all documents can be scrutinized to find out if the landlord has not sold the same property earlier already to a different buyer? Basically what evidence that can be sought to ensure the property is free from any dispute & there is no fraud involved? 

Thanks
Asked 1 year ago in Property Law
Religion: Muslim

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

26 Answers

Hire some advocate to do the title check of the property and seek his opinion.

You can also ask for up to 30 years encumbrance certificate to be checked.

 

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

Hire some local lawyer to prepare search report, Get copy of chain of documents from seller. Also check ask for non encumbrance certificate from registrar.

Chain of documents will from the origin of property, no single doc miss. 

Yogendra Singh Rajawat
Advocate, Jaipur
21406 Answers
31 Consultations

4.4 on 5.0

Only way is to search record from registry office for sufficient long period say 50 years back.

Also take non encumbrance certificate from seller or mention it in deed. 

Kallol Majumdar
Advocate, Kolkata
2778 Answers
4 Consultations

5.0 on 5.0

You can check the title search and encumbrance certificate from the sub registrar office

Prashant Nayak
Advocate, Mumbai
22626 Answers
49 Consultations

4.4 on 5.0

1. Obtain Encumbrance Certificate for the property in question for 30 years to find out who is the present owner and the flow of title till date.

2. Also, request the seller to show his photo ID proof and to show you the original documents.

Shashidhar S. Sastry
Advocate, Bangalore
3244 Answers
179 Consultations

5.0 on 5.0

1) take 30 years title search 

 

2) check whether there have been any transactions in respect of property 

 

3) whether any litigation is pending in respect of said property 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
79679 Answers
4798 Consultations

5.0 on 5.0

Hello sir,

Please be advised as follows:

1. You can go to the Registrar of your jurisdiction and see that on whose name is the property registered at present to ensure that your landlord is the true owner of the prpprope.

2. Furthermore, in the agreement to sale that would be made prior to registration, you can put a clause stating that the landlord confirms that the property is not in dispute in any manner and is free from encumbrances. If in future it is found that property is attached to any dispute prior to the date of sale, the landlord will bear the cost and consequences.

3. Ask your owner for an encumbrance certificate which will show that the property is not mortgaged.

4. If you are buying a resale property ask for a property tax slips of the previous year.

Please revert in case of query.

Thank you.

Harshit Singh Jadoun
Advocate, Noida
68 Answers
2 Consultations

5.0 on 5.0

1.Verify the original title deed of the seller first and take a photocopy of the same for conducting search.

 

2. Then conduct search from the office of the Registrar to find out whether there has been any entry in the records showing registration of any deed for transfer of the same  property         

 

3. Thereafter personally verify the original of all the link deeds to ascertain that the property has not been mortgaged by any body by depositing the original title deed (mother deed or link deed) of the property to creat security on the loan taken from the Bank.

 

4. Engage a local lawyer and collect due dilligence report from him in connection with the said property including the non encumbrance certificate.

Krishna Kishore Ganguly
Advocate, Kolkata
24877 Answers
707 Consultations

5.0 on 5.0

A due diligence should be done by you by engaging a lawyer for this purpose. He will find out everything about the history of the property and who all bought and sold it before it came to you.

Regards 

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

1.  Documents needed to be verified:

a) Earlier Original Deed (not photocopy)

b) Search Report by property lawyer

c)  Newspaper publication by property lawyer

d)  indemnity bond by seller party

e)  On Site Board Notice Publication

f)  Mortgage documents of land (if any)

Hemant Agarwal
Advocate, Mumbai
5473 Answers
25 Consultations

5.0 on 5.0

YOu need to check all mutation papers including Form 6 and Form from revenue department.

Ganesh Kadam
Advocate, Pune
11738 Answers
114 Consultations

4.9 on 5.0

See you can check the earlier sale deeds, you can check the mutation document and property tax document of the property. 

Further you can take indemnity bond from the seller that in case there is a dispute the seller shall pay complete amount to you.  

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Dear Sir,

Minimum requirements...

Please see whether the following are satisfied:

1. Title Deed

This is a type of document that typically outlines the chain of ownership of the respective property. It provides full right to the owner to claim the absolute ownership over the property. While buying the property, check if it belongs to the respective seller. Check the deed thoroughly, and if have no knowledge about it you can seek help of a property agent. If the title of the property isn't in the name of the seller, then legally the property shouldn't be purchased unless the consent from the real owner.

2. Sanctioned Building Plan

Every developer at the start of the construction has to get the approval from local planning authorities. The developer has to submit the required documents for the sanctioned plan approval. So when you hunt for a residential apartment, do check if the developer agrees to present the sanctioned plan, if not then the construction is termed as illegal.

3. Completion/Occupancy Certificate

This is yet another essential document the developer of the property has to submit to the buyer. Municipal authorities issue the Completion Certificate (CC) after the completion of the project. Occupancy Certificate (OC) is issued by the local government agency after the inspection and states safe for the residents. These documents are an important part of the home loan and should be in your checklist.

4.Tax Receipt

The property owner has to present you with the legal tax pay receipt failing to which the government is authorised to impose a penalty of certain percent every month on the property buyer. So do make sure to check if the existing property owner has completed the tax regime.

5. Encumbrance Certificate

It is a document issues by the sub-registrar to check if there is any encumbrance on the property like mortgage, charges, etc. The sub-registrar issues the certificate with complete details about the legal dues pertaining to the property. It is important for the property buyer to check whether the property is under mortgage or loan.

6.Mother Deed

This document is needed when you buy a resale property. This is the parent document tracing the ownership right from the start.  There are situations where the owner may do some fraud activity by undertaking the ownership of the property illegally, which will certainly effect your investment.

7. Power of Attorney

This is an important document when buying a property. It is required to know if the seller has complete right over the property and selling it. You can even check with the real owner to have a check over the enforcing of power of attorney to the seller.

8.Mutation Document:

This document contains all the details about the property including the name of the owner, property size, location, and other important information. It is issued by the municipal authority in the name of the present owner.

Kishan Dutt Kalaskar
Advocate, Bangalore
5638 Answers
233 Consultations

4.8 on 5.0

1) Before going ahead to purchase, intimate the seller to produce a good title certificate regarding the property. 2) If the seller fails to produce such a certificate, you have the option to not to purchase it. 3) Still if you want to purchase the property (ie without the seller being able to produce the Good title Certificate), you must appoint an advocate to examine the title of the property. 4) If the seller produces the good title certificate, or, your Advocate, after due examination of the title, advices  in favor of purchase, you must instruct your Advocate to get a notice published in one English and one vernacular daily, of your intention to purchase the stated property; and any objections or encumbrances to be notified to you within 15 days of such publication. 5) If no objections are received, or your Advocate, after examining the objections, advices you that they are not valid, then you can go ahead with executing the Sale deed. 

 

 

 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1356 Answers
5 Consultations

4.4 on 5.0

Hello,

engage a lawyer and obtain a title report of the property and the encumberance certificate.

 

regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

There is a concept of property Title search and that is done by lawyer. Lawyer after taking search of that property gives Search Title Certificate wherein the history of the property transfer and owners is mentioned. From that you can verify such details. For that search you have to provide basic information to lawyer.  Pls contact local property lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

1) make application for mutation of property in your name 

 

2) enclose latest receipt of payment of property taxes , sale deed , seller consent for transfer of property in your name 

 

3) it should not take more than 6 months 

 

4) we do not advise you to pay any bribes 

 

5)entry in revenue records is only for payment of property taxes . Does not confer title to property 

Ajay Sethi
Advocate, Mumbai
79679 Answers
4798 Consultations

5.0 on 5.0

1. The seller is generally liable but you can get the same mutuated before the relevant govt authority. 

2. It depends on the said authority and staff.  Ideally it should happen fast. 

3. The same includes govt charges,  agent charges if you engage them. Bribe depends on your agent or the said govt office. 

4. It is a legal proof but many other people claim the property through court by challenging the same. 

5. You can do it after getting khata

Prashant Nayak
Advocate, Mumbai
22626 Answers
49 Consultations

4.4 on 5.0

1. The buyer shall have to apply for the Khata transfer.

 

2. It should be over within one to three months ordinarily.

 

3. Rs.10 K should be the maximum amount expected to be charged though amount of bribe can not be foretold.

 

4. It is one evidence. The prome evidence to establish title of a property is the registered deed of conveyance.

 

5. Prioperty tax, if applicable on you, shall have to be paid only after owning the title of the  property 

Krishna Kishore Ganguly
Advocate, Kolkata
24877 Answers
707 Consultations

5.0 on 5.0

1. You based on the sale deed and index need to apply for change of Khata.

2. See it takes around one to two months depending upon place. Yes election can effect if the concerned officer is on election duty and not available.

3. It wont cost much it will be minimal charge and no bribe.

4. Yes it will proof of your possession and show record of your sale deed.

5. See tax is yearly so you need to pay after sale deed is done from same date. 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

You obtain the original title document including the parent documents besides getting a set of photo copies of the relevant documents.

Produce them before a lawyer ion the local along with the  current date encumbrance certificate .

If your lawyer recommends to buy the property after scrutinising all the relevant documents, you may proceed.

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

1. The vendor also can arrange to get the khata after executing the registered sale deed in your favor or even you can apply for the same through the city corporation office.

2. The time taken to procure the khata can be enquired from the office of the corporation which furnishes the same.

3. Read the above answer.

4. Please be aware that the khata is not a title document, it is a revenue records of your property having updated transactions of the property.

5. Once the khata is transferred to your name you can pay the property tax.

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

After property registration on your name, you'll have to apply for khatha in the same office after a week or so with relevant documents, and paying prescribed fees, probably it may take one month or even more time, after that you'll have to go and collect the khatha

 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

1. No change in govt will not make any difference.

2. You will have to obtain the same from municipal authorities.

3. Get in touch with a local lawyer who will help you in getting thr paper work done.

 

regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

Dear client 

The best way of finding out that if the property previously sold by same seller or not is to go to the mutation office of your tehsil and file and application to concerned authorities to inspect the mutation record of the property.

And for finding out if there is any dispute over the property or not there is an easy way and this way is apply for home loan and the legal team of the home loan company will find out if the property is clear from dispute or not. And they will tell you exact report of the property if property papers are proper and dispute free they will approve your loan or reject it due to disputed property.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

A registered document would ensure that nobody can buy or sell the land and it would be registered with the registrar. The khata no of the property shall be mentioned in the document.

Elections etc do not have any impact upon these matters.

Property tax is to be paid by the seller at the time of selling the property by stamp duty.

Regards 

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer