Legal Check / Verification For Buying A Plot

Asked in Real estate

  • Shivani Narang

    Mumbai

Expert's Answers(3)

  • Advocate Kishan Dutt Kalaskar

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir, You may purchase the property subject to fulfillment of following conditions. For more details visit the link.                                                                                                                                 12 Important Documents To Check Before Buying A New Property 1. Sale Deed: A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is important that before the Sale Deed is executed one should execute the sale agreement and should check for compliance of various terms and conditions as agreed upon between the buyer and the seller. Before executing the Sale Deed, the buyer should check whether the property has a clear title. He/she should also confirm if the property is subject to any encumbrance charges. * A seller should settle all the statutory payments such as property tax, cess, water charges, society charges, electricity charges, maintenance charges etc., (subject to the agreement) before executing the Sale Deed. 2. Mother Deed: Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities. Mother Deed includes the change in ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a missing sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents. The sequence should be updated until the current owner. 3. Building approval plan: A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP (Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region Development Authority) or BIAPPA (Bangalore International Airport Area Planning Authority) without which the construction of the building is illegal under the Karnataka Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the jurisdictional Commissioner or an off

    January 21, 2023
  • Advocate Anik

    Bengaluru, Karnataka
      65 Client Ratings

    Dear client, The documentation on the property is a vital component of any investment in a property, whether it's a plot or apartment. The buyer should ensure that the investment is safe and protected by means of proper legal advice, the inspection of the records and the verification of relevant property details. A list of essential building documents needed for the purchase of a plot is given below. Title Deed This agreement guarantees that the seller is legally independent of the house. Don't take a copy of the deed and review the original title deed. The property shall be in the seller 's name. Next, verify whether the seller has full sale rights and is the only owner. You can monitor this by searching for the title on the state government 's registration website. You should always be sure that you consult your lawyer.  Encumbrance certificate The encumbrance certificate is a mandatory document for transferring property to provide evidence of free title/ownership, and for applying for a home loan. It’s important to know that this certificate is issued for a particular period by the office of the sub-registrar. In addition, the record of the sub-registrar is based on the registered property records. This means that a document not registered at the office of the sub-recorder will not be recorded in the certification. The encumbrance certificate is issued for a defined time and is not applicable in respect of the previous or post-reported period. NA Order All land in India is by default considered as "AGRICULTURE Property" unless specified by the government for some other reason. For the Agri purpose agricultural land can be used, while if you want to do other than agriculture, then you must first turn Agri land into non-agricultural (NA) land (commonly referred to as NA). But not all the NA status land can be used for residential development. There are different types of NAs such as: NA – Warehouses NA – IT NA – Residential NA – Commercial NA – Resort Therefore, you must check for "NA – Residential". Original land deed The document is also known as the 7/12 document. The original land deeds of the present owner and all previous owners must be asked.  Power of Attorney If the landowner is NRI, then the seller should also seek a Power of Attorney (POA). Power of attorney (POA) or letter of attorney is a legal document that allows you to appoint one person or organization to manage your property, medical affairs, finances on your behalf in your abs

    January 13, 2023
  • Advocate Sanjeev Jain

    Muzaffarnagar, Uttar Pradesh
      8 Client Ratings

    Dear Client You should contact consern authority and take help of a lawyer will be solve your problem easily for further assistance book a consultation and rate me if you find my answer helpful

    January 13, 2023