Land purchase in Karnataka
rsathya100
(Querist) 02 February 2010
This query is : Resolved
Hi Team
I am planning to purchase 1600 sqf in Hosakote (Bangalore). Request your advice on the main points to check.
thanks
regards
R sathyamurthy
988 00 938 75
A V Vishal
(Expert) 02 February 2010
Check the Title Deed / Certificate Of Title of the land: A title deed is a legal document proving a person's right to property as defined by a law dictionary. An advocate prepares a title deed after studying and scrutinizing the property and verifying that all is in order.
So as a buyer what you need to do is ask the owner of the land you wish to purchase for the tile deed and review it properly. Do not accept a xerox copy of the deed. Ask for the original "Title Deed". Some times the seller might have taken a loan and given in the original deed.
You need to make sure through the title deed that the land is in the name of the seller. Also you need to verify that he has full right to sell the land and that he is the sole owner of the land and no one else is. It would be wise to get the title deed reviewed by a trusted lawyer just to make sure that there are no loop holes.
As a buyer you may also ask for previous title deeds of the land and get these verified too by a lawyer.
Ask for the "Encumbrance Certificate":
The next step is to demand an "Encumbrance Certificate". This is basically a certificate that says that the land is not under any sort of legal dispute. The encumbrance certificate can be obtained from the sub-registrars office where the deed for the land has been registered. The encumbrance certificate for the past 13 years should be taken and verified. You could even ask for the encumbrance certificate of the last 30 years for more clarification.
In the case of "Pledged Land": Some people may have pledged their land previously for taking a loan. In this case, it would be wise to ensure that all the loan payments have been made and that no amount is due. Ask, the seller to produce the "Release Certificate" from the bank that is necessary to release all debts over the land legally.
Measure the land: Get a recognized surveyor to measure the land and see that the dimensions, area, borders etc. are accurate as stated by the seller.
If there is more then one owner: If there is more than one owner, it would be wise to get a "release certificate" from everyone involved before going ahead with the process.
If the owner is an NRI: If the owner of the land is a NRI, then the seller of the land in India should be given "Power Of Attorney" to sell the land on behalf of the NRI. The power of attorney has to be signed by an officer of the Indian embassy in the presence of a witness.
After all these initial checks are made you can go about the actual process of buying the land.
Raj Kumar Makkad
(Expert) 02 February 2010
title-deed, map, previous chain of ownership without any dispute since last 30 years, record of the municipality etc., arrears of electricity, house tax, municipal tax etc, location, any court case pending over the property to be purchased, any dispute with the neighbour qua the boundaries of the property, exact location with the map etc.
Bhumik Dave
(Expert) 03 February 2010
well ansd by above ld & i m totly agreed with them bt with all these plz consult a local lawyers b4 purch.
