• Legal consultation before buying a land

I want to buy a roadside land. Now -

1) what legal process regarding land I have to know before buying? 
2) How do I know, whether any dispute is there or not regarding the land? 
3) which papers/documents must be verified before purchasing? 
4) Is there any chances of illegal possession of my land after purchasing in future?
Asked 8 months ago in Property Law
Religion: Hindu

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14 Answers

You need to check all mutation papers current years and last 30 years papers from tahsildar office.

 

Plus check National road authority does have any plan of road widening the department of Nitin Gadkari, Road Ministry.

 

Check any reservations from Municipal Corporation have any reservations rights or road widening plan etc

 

If you check owner's name wise papers from gram Panchayat so that particular property numbers should appear under his name  which property he is selling survey number or property number.

 

That records too you can find from gram Panchayat. Plus check last 30 to 50 years records. Does any transcations has happened and who has the possession of the land.

Ganesh Kadam
Advocate, Pune
10115 Answers
89 Consultations

4.9 on 5.0

Hello,

Ask for the mother deed of the land from the owner.

  • Search the title history from the registry office
  • Go through the records of BL & LRO
  • Search whether there is any litigation pending before the court 
  • Check whether the taxes are all up to date 

In case you need more help don't hesitate to contact me .

Regards

Swarupananda Neogi
Advocate, Kolkata
1696 Answers
4 Consultations

4.7 on 5.0

1. See firstly get land title verified and check whether there is dispute or not . Engage an advocate to check and seek a title search and report.

2. See for that you can check mutation of property and with local court if any case pending or not.

3. The old sale deed, mutation documents, tax receipts if any.

4 See if present owner is having peaceful possession as of now then you can after purchase secure your possession on the property.

Shubham Jhajharia
Advocate, Ahmedabad
24894 Answers
98 Consultations

5.0 on 5.0

1) take 30 years title search 

 

2) obtain written opinion from lawyer that time is clear and marketable 

 

3) check whether seller has original documents of title 

 

4) there is always risk of encroachment on your 

land by anti social elements 

Ajay Sethi
Advocate, Mumbai
75798 Answers
4532 Consultations

5.0 on 5.0

1.  You have to obtain all the relevant document namely, title document, link documents, EC, tax paid receipts, mutation records, litigation details, if any and many more aspects that would be required by your lawyer who may render a legal opinion for this.

2. You may either find it out from your source or through a lawyer.

3. There are plenty of documents, you may just contact an advocate in the local, who will explain you in detail about all the necessary documents that are required to be verified, scrutinised.

4. These are practical issues, hence you confine yourself about the genuineness of the property now proposed to purchase.

 

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

Before purchasing the property you have to have done a legal due diligence of property for which documents to check are as follows:

1. All title deeds ie., partition deed, sale deeds, will, gift,  GPA, mortgage deed, release deed, relinquishment deed, memorandum of understanding, if any granted land then grant orders etc.,

2. RTC's for the period from 1960 to till date,

3. Encumbrances certificate's from 01.04.1960 to till date,

4. Tax paid receipts, 

5. Khata certificate and extract, 

6. Survey documents,

7. Conversion order,

8. Village map,

9. Comprehensive development plan for zoning,

10. Survey sketch ,

If there is any dispute you get to know through RTCs and ec reflects the transactions, if all the parties to the sale deed have signed and conveyed to know in such a situation you wont have any issue, the above mentioned documents are the very crucial documents to have checked before purchasing the property!!

 

Ayesha Sultana
Advocate, Bangalore
168 Answers
1 Consultation

Not rated

You have to verify the land records from the Tahsil office of the register I am from the last 10-15 years about the ownership and the transfer of the property to various individuals and you can also check any e financial charges on the property increase everything comes clean and you are satisfied by the report then you may go ahead for purchase of the property also at the same time you need to you know that who maybe they interested party in the property because are the heritance and legal heirship

Vimlesh Prasad Mishra
Advocate, Lucknow
6535 Answers
20 Consultations

4.9 on 5.0

Dear Sir,

If you are planning to buy a home in near future, you must be aware that there are several legal aspects points to take care of before you invest your hard-earned money in a property. You not only have to select a property that meets your requirements, but also have to find out that the property is legal or not.

When it comes to the legality of the property, there are several aspects to it that should be addressed at the time of buying a property. There are several key documents of the property that must be obtained from the seller, without which your purchase will not be deemed legal. Such documents include Letter of allotment, Sale deed, Sanctioned plan, Society documents, encumbrance certificate, Sale agreement and more.

The sales agreement, for instance, is a very important document in the process of sale or purchase of property as it spells out the terms and conditions under which the seller is selling the property, and also the terms and conditions under which the buyer is purchasing it. This agreement facilitates swift and quick culmination of transactions without any disputes. This agreement also covers the conditions through which the parties give consent to perform certain acts. The sale agreement legally compels the seller and the buyer to the terms and conditions.

The documents of the property should be scrutinized by the buyer even before looking at the property. It is important for the buyer to insist on checking the original documents before finalizing the deal. The letter that confers allotment of the property to you from the relevant society or authority is a primary document you need to have in order.

It is very important to see the legal background of the developer in whose project you are planning to invest. Ask for the land allotment papers and a copy of the sanctioned plan of the building. Do check for the penalty clause in the sales agreement in case of delay.

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

Check clear title, non encumbrance from sub registrar office.

Verify complete chain of documents, since the origin of land. All originals should be available and shall hand over on sale.

If land left without security and boundary, chances of encroachment cannot be deny.

Yogendra Singh Rajawat
Advocate, Jaipur
19328 Answers
25 Consultations

4.5 on 5.0

before going to purchase a land, you have to verify the following documents.

mother deed (sale deed/gift deed/grant certificate/partition deed), Encumbrance certificate in Form No.15, Form No.16, up to date tax paid receipts, conversion order, approved layout sanctioned plan, Mutation Registers, Indexes, survey sketch, tippani and etc.

you should get legal opinion/documentation legal verification.

it will avoid multiplicity litigation in future. 

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

You should cross check all the documents of property along with previous chain of owners of property.

You should see encumbrance certificate to find out that there is dispute over property or not. 

How can some tell about future events that someone can take illegal possession of land or not.

It will depend your potential of defending your properties.

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 Consultations

5.0 on 5.0

1. You shall have to conduct property and court search in connection with the said property before buying.

 

2. You shall have to engage a lawyer for conducting the Registry and Court search for at least 20 years.

 

3. You should verify the original title deed first and thereafter see the Parcha and also mutation certificate including receipts of payment of all statutory taxes.

 

4. Illegal possession of your property can take place any time for which you shall have to take legal action.

Krishna Kishore Ganguly
Advocate, Kolkata
24261 Answers
669 Consultations

5.0 on 5.0

1. Since you want to buy roadside land , hence you should check the land position , its area , and said lands distance from the road throughly in the title documents , and site plan.

2. If the seller is having origional sale deed with him , then you should take a copy of the same , and further from the registrar office , you can get the details of that land. 

- Further, for your safety , publish a public notice in the news paper , after mentioning that you are going to purchase this land , and if any one having any right over the same , come within a peirod of 15 days. 

3. Sale deed of seller, property tax receipt, mutation , and chain of last owners of that land.

4. If the seller is having possession proof with him , then you will not face any hurdle in future. 

 

Good luck and dont forget to rating Positvely.

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

Check for encumbrance from land from office of land records and get the encumbrance certificate. You will get the same and then can decide about legality. 

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

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