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16 Legal Documents That Can Save You From Property Fraud

Posted by Truptikanta Swain on September 5, 2023

Buying property in India is a significant investment, and it’s crucial to ensure that you have all the necessary legal documents in order to protect your interests & Can Save You From Property Fraud. Here is a list of key legal documents to check before buying property in India:

  1. Title Deed (Sale Deed or Conveyance Deed): This document proves the seller’s ownership of the property. Ensure that the title deed is in the seller’s name and free from any encumbrances, disputes, or legal issues.
  2. Mother Deed: This document traces the property’s ownership history from the time it was first acquired from the government or a development authority. Make sure there are no gaps or disputes in the chain of ownership.
  3. Encumbrance Certificate: This certificate provides information on any existing mortgages or legal claims on the property & All Transactions . It confirms that the property is free from any pending liabilities.
  4. Property Tax Receipts: Check for property tax receipts to ensure that all property taxes have been paid up to date.
  5. Approved Building Plan: If the property is part of a housing complex or multi-story building, ensure that the building plan is approved by the local municipal authority.
  6. Occupancy Certificate: If the property is a newly constructed building, verify that it has received the occupancy certificate from the local municipal authority. This certifies that the building complies with all construction and safety regulations.
  7. Release Certificate: If the property is mortgaged, ask for a release certificate from the bank or financial institution to confirm that the loan against the property has been repaid.
  8. Mutation Document (Mutation Extract/ROR): This document establishes the property’s current owner according to the revenue records. Ensure that the owner’s name in the mutation document matches that in the title deed.
  9. Power of Attorney (if applicable): If the property is being sold through a power of attorney holder, ensure that the power of attorney is valid and legally executed.
  10. Sale Agreement: Examine the sale agreement carefully, including all terms and conditions, payment schedules, and penalties for breach of contract.
  11. Completion Certificate (for constructed properties): If the property is a constructed building, obtain the completion certificate issued by the local authority.
  12. No Objection Certificate (NOC): If the property is in a society or gated community, obtain NOCs from the respective society or community association confirming that there are no outstanding dues or disputes.
  13. Environmental Clearance (if applicable): For properties near environmentally sensitive areas, check for the required environmental clearances.
  14. Approved Layout Plan: For plots in a development layout, ensure that the layout plan is approved by the relevant authorities.
  15. Verification of Land Use: Confirm that the property’s land use is in compliance with local zoning regulations and that it can be used for your intended purpose (residential, commercial, industrial, etc.).
  16. Legal Opinion: It’s advisable to seek legal advice and obtain a legal opinion on the property’s documentation from a qualified lawyer or legal expert.

Before finalizing the property purchase, ensure that all these documents are genuine and up to date. Additionally, it’s recommended to involve a legal expert or property consultant who is well-versed in local property laws and regulations to guide you through the process.

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