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chennai.residence (N/A)     12 February 2014

Need your expert advise - ownership of ancestral property

Hi Experts,

Need your expert advise

Details:

Title deeds of a property situated in Sriperumbudur, Tamilnadu.

"COMPANY A" purchased on 1992 the Land from the OWNER (VENDOR) who has no sale deed but the Revenue Records it shows the OWNER (VENDOR) name there. they does not applied for patta, citta or adangal after purchase.
"PERSON B" purchased on 2006 from the "COMPANY A" and he got patta, citta or adangal also.

Queries :

1) Revenue records is enough for proof of ownership of ancestral property ?
3) When owner has sold (1991) do we need need any other doc such as if owner has sister, kids, any other has the rights?
3) Any other documents we need to get it from 1991 Sale Deed?
4) Is it safe to purchase?

Thanks



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     12 February 2014

1) Revenue records is enough for proof of ownership of ancestral property ?

No, proper title documents namely: registered sale deed/registered partition/settlement/gift/release deed or a Will duly probated or any other document valid for legal conveyance or showing legal title over the property will be required.

 


3) When owner has sold (1991) do we need need any other doc such as if owner has sister, kids, any other has the rights?

Yes to confirm all other details as envisaged, how did he sell the property, on which basis, what is the sale deed's recital about the nature of property being sold?

 


3) Any other documents we need to get it from 1991 Sale Deed?

Above answer is for this too


4) Is it safe to purchase?

Without seeing papers it is difficult to give a opinion.  Better consult a local lawyer before purchasing.

chennai.residence (N/A)     17 February 2014

Thanks a lot Kalaiselvan Sir for the reply.

Palak Singh   01 April 2020

Hey,

Buying a property is huge commitment and hence make sure that all the documents related to the property are with you. Following are the documents that are absolutely needed:-

  1. Agreement to sell –It contains a detailed descripttion of the property and states the terms of conditions between the buyer and the seller, including the purchase price as agreed upon.
  2. Absolute sale deed and title deed - It records the actual transfer of ownership of the property. It needs to be registered at the sub registrar’s office under whose jurisdiction the property would fall.
  3. Title search and report – Property title search is a process of retrieving the chain of documents relating to the history of the property that has been registered with the concerned authority. 
  4. Khata certificate – This document is known by different names in different states and it provides proof that the property has an entry in the local municipal records.
  5. Receipt of property tax – The receipts of property tax hold that the previous owner or occupier had paid all the taxes and none have been left as due. They also establish the legal status of the property and therefore serve as an important document of evidence.
  6. Encumbrance certificate –It is a key document for procuring a loan against property from banks. It has all the details about transactions relating to the property.
  7. Occupancy certificate – An occupancy certificate or completion certificate is given by the municipal corporation after the construction of a building to establish that it was constructed according to a sanctioned plan and that it is ready to be occupied.
  8. Statement from bank if loan outstanding – If any loan is outstanding on the property that is being purchased, it is safe to procure the statements relating to the loan so that there is full disclosure in that regard.
  9. Non-objection certificates – It is important to ask the developer to produce copies of various NOCs that must be procured from various departments such as the Sewage Board, Pollution Board, Environment Department, Traffic and Coordination Department, etc. 
  10. Sanctioned building plan by statutory authority – This is to ensure that the buyers are cautious about any deviations from the sanctioned plan made by the developer.
  11. Power of Attorney (if any) – A Power of Attorney is required in original if any person is acting on the authorization of the owner of the property. It could be general or specific.

Now, to answer your questions:-

A1) No, Revenue records are not enough. Above mentioned documents are very necessary.

A2) Yes, you need all the documents.

A3) The above-mentioned documents are a must.

A4) It is not safe to purchase a property without seeing all the documents related to it. Hence it is recommended that with the consult of an advocate, you go through all the required and then only make decision.

Regards,

Palak Singh


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