Want to buy a new property
I am planning to buy a plot in a village, below are the questions I have can you please guide me on this. This is my first
investment and wanted to make sure i buy a good one.
1) It's a 5 acres land with multiple survey numbers, converted agriculture to non-agriculture land.
On the Sale deed Initial Sellar is a Lady with 85 Years Old Had a Patta on this Land and sold to the owner from whom i want to buy.
But i didn't see any of the signatures or proofs of there family members, Is it going to be a problem in Future ?
Survey number : 352 document number 11728/2011 , SANGA REDDY , MEDAK, TELANGANA.
2) I went to sub-registrar Office and enquired about the survey Numbers and he told that, for one the survey number have court case and other has ROR.
I Informed same to the owner and he told that there will be several parts under each survey and our survey don't have any issue.
I am not sure how can i trust this. He also said i only purchased 32 guntas from this survey number.
SY NO : 346 / DOCUMENT NO : 1889 / YEAR 2011 SANGA REDDY.
3) If particular survey has a court case and went for Plot/Land Registration, do they do registration ?
For Ex: If Registrar has registered it and got the EC in two days, does that mean he/she is in safe hands who purchase a land from the venture and don't have
any issues ?
4) Supposed I made a registration of a land that is in court case and i came to know about that in a later years, what would be the impact ?
5) Layout of a venture was approved by Panchayath Sarpanch ? Do I need to verify with Sarpanch regarding the layout approvals are correct and can i just trust by the stamp placed on the layout approval ?
6) Can I construct a House with just a panchayath approval in a village land that converted from agriculture to non-agriculture ?
Or do i need to take any other permissions ?
What do i need to verify on the Layout approval ?
What is the difference between layout approval and layout permission ?
7) The EC we get online for enquiry and the EC we get from meeseva or registrar should be in sync and same right ?
What are all the things we need to verify on EC ?
8) In a 5 acres land there are multiple survey numbers will that be any problem ?
9) Finally What all the things i need to verify while purchasing the land for either agriculture or non-agriculture land.
Your help is greatly! appreciated. Thank you! so much.
Asked in Property Law from HYDERABAD, Telangana
1. The signatures of the family members of the buyer or seller are not required unless they have a right in the property which is to be sold or purchased.
2. The survey number which has litigation pending should not be purchased at any cost. The registration of the plot during the pendency of the case will be a recipe for disaster. If you register a land which is the subject of litigation in any court of law then you may be evicted from the property on court orders.
3. You are free to carry out any construction on the land which has been converted into non-agricultural land.
4. The stamp affixed on the layout approval bears testimony to the fact that stamp duty has been paid. It is not an authority on the validity of the layout approval. So you must confirm.
5. Having multiple survey numbers of a land does not invite any legal hassles, but you should refrain from purchasing the survey number in respect of which a lawsuit is pending in the court.
6. Engage a local lawyer to carry out the due diligence which includes establishing the antecedent tile of the property to ensure that it is free and marketable.
1) if initial owner was absolute owner of land consent of family members is not necessary for sale
2) if survey number of 36 guntha land you are purchasing is not subject matter of litigation you can purchase said land
3) if plot in question is subject matter of litigation and stay has been granted by court said land cannot be sold
4) you have to take search of court records to find whether any litigation is pending in respect of plot in question
5) if you purchase such land in respect of which litigation is pending you would have to imp lead yourself as party to the suit proceedings . You would have to comply with court orders in this regard
6) sale deed contains an indemnity Clause wherein seller indemnifies you against any claim made in respect of the land sold to you
7) in village land panchayat approval would be necessary to carry on any construction
8) you must contact s local lawyer . Obtain certificate that title is clear and marketable and free from encumbrances
9) get draft of sale deed vetted by a lawyer and then proceed with purchase of land
10) also verify from collector office whether permission has bee granted for conversion of agricultural land into non agricultural
1) A layout normally takes one month for clearance after compliance of the all requirements, ie., layout plans drawings, position of established road, filing of all ownership documents, ULC papers and related link documents, etc. Similarly, Final layout approval takes one month for clearance after all the development works are completed.
(c)No transaction should take place in the layout, unless there is valid approval for the same from HMDA.
2) the applicant/developer is allowed to sell 75% of the plotted area after the layout approval and after mortgaging 25% of the plotted area as surety for compliance of the layout development works.
3) Any layout has to have a valid approval from HMDA. This Panchayat layout necessarily has to be got regularized through the Municipality
4) After compliance of the development works as per the specifications, HMDA releases the complete layout.
The details what you have given here will not be reliable enough to give a proper opinion. A legal opinion for purchase of a landed property can be given only after proper scrutinisation of all the relevant documents/papers. Somebody's mere hearsay information will lead to misguiding opinion. You are not even able to confirm that under which survey number is proposed party falling within; You do not even know who approved the conversion of property from agricultural to NA. You are not sure whether the properties have been made in a lay out after layout approval; Layout approval requires permission from town and country planing authorities.
A legal opinion in a proper format will be given by a local expertise advocate after proper scrutiny of all the documents including the papers approved by various authorities on charges of a nominal fee. You should approach one without hesitation for meeting the expenses of the legal fee for the purpose because it is an investment for life time out of hard earned money, so there should be no lapses on your part in the initial stage itself due to which you would become liable for any loss in future in this regard.