Ask him to provide NON encumbrance certificate. get the search report prepared by local lawyer. Tell him to install notice of sale on site and newspaper, mention your no. also. 15 days wait for objection.
I have this owner who purchased this BDA site from land owner share in 2013 the documents are clear with family tree, site number and allotment number. After 7 years he is selling this property at a lower cost compared to other direct alloty sites but I want to be careful hence need some guidance on what documents I need, to make there are no litigations in future.
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Ask him to provide NON encumbrance certificate. get the search report prepared by local lawyer. Tell him to install notice of sale on site and newspaper, mention your no. also. 15 days wait for objection.
Take 30 years title search
2) obtain written opinion from lawyer that title is clear and marketable
3) check whether seller has original documents of title
4) latest receipt of payment of property taxes
We need to go through all the documents like EC, Khata, Family Tree etc to come to conclusion whether the property is safe to buy.
No proper advice can be given without seeing the papers and considering the title report.
2. Hence it is recommended that you show the papers to your advocate and take advice form him.
3. We are in no position to make any comment without seeing the papers.
1. You have to engage a "Property Search Lawyer" and get a "Title Clearance Certificate", which should show the chain of agreements, mortgages /lien on the property, any statutory notices /claims of any Govt. body (GST, Sales Tax, Iincome Tax authorities etc....), Society /Association outstanding dues, any court disputes /claims by his legal heirs/wife/...., restrictions on transfers by BDA etc...., any pending statutory dues (property tax, NA Tax, Water etc....)
As far as the documents to be scrutinised in respect of the property proposed to be purchased, you will get proper clarification from a local advocate who will inform you the requirement of entire set of documents that are to be vetted considering the nature of the property and circumstances surrounded with the property.
Hence it is always advisable to obtain a proper legal opinion from a lawyer before buying any immovable property.
You may contact a lawyer in the local who practices in service law for further advises and suggestions to move on.
1. You can ask owner to provide encumbrance certificate for the site to prove that property is not mortgaged with anyone.
2. Rest of the documents which owner is providing are enough.
Check the Encumbrance Certificate for last 30 years (Title flow should be clear without any break)
Take all original title deeds (including title deeds of owners in 2013).
Give notification in news paper calling for objection within 3 days from date of publication i.e., in vernacular language and other in English language, and also check with the Registrar about any restriction imposed on that specific area / survey number etc., which will give you clarity / discrepancy if any.
Upon satisfying with above activities you can proceed with the transaction.