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Buying home/land legal checklist - Indiapropertysite.in
Legal documents
Before buying a land, a number of checks needs to be done to confirm that the land has a clear and marketable title. Owning a house is an important thing in ones life. However, one needs to be careful while buying land/house to avoid falling into legal hassles. A lot of care is needed from the beginning- right from site seeing till the registration of the land.
1. The legal status of the land is one of the first issues that you should address before confirming a property.
2. Don't give any advance before getting confirmation about the legal status of the property.
3. The first thing is to find out the tenure, legal right of the holder of the land in government records.
The tenure or possession right could be freehold, leasehold or may be held under a government grant or 'sanad'. Freehold land is always most preferable.
4. The seller should provide all the necessary documents to the buyer.
5 . Title deeds, The first step is to see the title deed of the land which you are going to buy.
Confirm whether the land is in the name of the seller and that the full right to sell the land lies with only him and no other person. Don't be satisfied with the Xerox copy of the title deed. Insist on seeing the Original Deed. Sometimes the seller may have taken a loan by pledging the original deed.
It also needs checking whether the seller has permitted any entry/access to others through this land and whether any other fact has been suppressed/left undisclosed by the owner of the land. It is better to get the original deed examined by a lawyer. Along with the title deed, the buyer can also demand to see the previous deeds of the land available with the seller.
