Most Important Steps to Verify the Title of the Property
Buying a property is a dream of every person, but it is important to check the title of the property before making the purchase. In India, there are a few simple steps that can be taken to prove who owns a piece of property. First, the potential buyer should check the property registration records. Next, they should obtain a No Objection Certificate (NOC) from the appropriate government authority. Finally, they should consult with a qualified lawyer to review all documentation and advise on any risks. Following these steps will help to ensure that the property purchase is safe and secure.
Identity of the Seller
The first step is to verify the identity of the seller. The easiest way to do this is to ask for some form of identification, like a driver’s license or passport. If the seller doesn’t have any ID, that’s a red flag. The next step is to verify that the seller is the rightful owner of the property. The best way to do this is to ask for proof of ownership, like a deed or title. If the seller can’t provide this, it’s likely that they’re not the owner of the property. These are just a few of the steps you need to take to verify the title of a property in India. By taking these steps, you can help protect yourself from fraud and ensure that you’re getting what you’re paying for.
Properties of Minor, Trust, and Wakf
There are some exceptions when checking the title of a property in India. For example, if the property belongs to a minor, it must be verified by their legal guardian. Also, if the property is held in trust, a transfer order must be issued by the local civil court. When it comes to properties controlled by Walkf or Hind Religious Endowments, approval must be sought from the competent board. Lastly, if the property is under a lease, the lessee must provide proof of their occupancy. While these exceptions may seem daunting, they can be easily resolved by working with a qualified lawyer. By taking these extra steps, you can help ensure that you’re getting the property you’re paying for.
Properties of the deceased and Rights of the Legal Heirs
If the property belongs to a deceased person, it is important to obtain a succession certificate from the court. This document proves that the person named in the certificate is the rightful heir to the property. Without this certificate, the property can’t be transferred to the heir. In India, the process of obtaining a succession certificate can be lengthy and complex. However, working with a qualified lawyer can help simplify the process and ensure that the certificate is obtained in a timely manner. By taking this extra step, you can help protect yourself from fraud and ensure that you’re getting the property you’re paying for.
Verification with Local Bodies
Local authorities must verify that the property exists and is in the seller’s name. Contact the municipality or village office. They should know all the properties in the vicinity and their owners. If the property you want isn’t listed or the owner’s name is different from the seller’s, be wary. Expert Advice If you’re still unsure, obtain a professional opinion. Hiring a lawyer or surveyor can help. They can check the property’s existence and ownership and look for red flags. These methods can help you avoid fraud and get what you pay for.
The flow of Title of the Property
Once you’ve verified that the property exists and that the seller is the rightful owner, the next step is to check the flow of the title. This means looking at the history of the property to make sure there aren’t any unresolved issues. The best way to do this is to obtain a property history report. This report will list any previous owners, as well as any liens or judgments against the property. If there are any unresolved issues, it’s best to walk away from the deal. These are just a few of the steps you need to take to verify the title of a property in India. By taking these steps, you can help protect yourself from fraud and ensure that you’re getting what you’re paying for.
Encumbrance Certificate
It is important to obtain an Encumbrance Certificate (EC) from the office of the Sub-Registrar. This certificate will list any mortgages, liens, or judgments against the property. It’s important to make sure that there are no outstanding issues before you finalize the purchase. These are just a few of the steps you need to take to verify the title of a property in India. By taking these steps, you can help protect yourself from fraud and ensure that you’re getting what you’re paying for.
Tax Dues
Before you purchase a property in India, you need to make sure that all of the tax dues have been paid. This includes stamp duty, property tax, and any other local taxes. You can check with the local municipality to make sure that all of the taxes have been paid. If they haven’t, you should walk away from the deal. These are just a few of the steps you need to take to verify the title of a property in India. By taking these steps, you can help protect yourself from fraud and ensure that you’re getting what you’re paying for.
Pending Litigation if any related to the Property
You also need to check for any pending litigation against the property. This can be done by searching the court records. If there is any pending litigation, it’s best to walk away from the deal. These are just a few of the steps you need to take to verify the title of a property in India. By taking these steps, you can help protect yourself from fraud and ensure that you’re getting what you’re paying for.
Mortgage title to the Property
You need to check the mortgage title of the property. You can do this by looking through the records of the city or town. If there is a mortgage on the property, it’s best to walk away from the deal. These are just a few of the steps you need to take to verify the title of a property in India. By taking these steps, you can help protect yourself from fraud and ensure that you’re getting what you’re paying for.
Verification of Original Documents of the Property
Finally, The crucial step is to verify the original documents of the property. These include the deed, title, and survey. You’ll need to make sure that these documents are in the seller’s name and that they’re up to date. You should also verify that the property boundaries match the survey. If there are any discrepancies, it’s best to walk away from the deal. These are just a few of the steps you need to take to verify the title of a property in India. By taking these steps, you can help protect yourself from fraud and ensure that you’re getting what you’re paying for.
Power of Attorney
The last step is to check for a power of attorney. You can find this out by looking in the registry office. If the person who intended to sell the property is a power agent, it is better for the buyer to get a written confirmation as to the genuineness and the validity of the power document. If there is another power of attorney, it’s best to walk away from the deal. These are just a few of the steps you need to take to verify the title of a property in India. By taking these steps, you can help protect yourself from fraud and ensure that you’re getting what you’re paying for.
Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.
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