How to Check your Property is Legally Verified or Not?Samar Javed04 November 2019
Finding a legally verified property that is completely free from any kind of legal conflicts shall be a difficult task, especially if you do not know the proper ways to sort them out. In spite of the phenomenal growth that has been happening to the real estate sector in the past few years, many different land disputes are also said to be happening at the same time. The real estate industry still lacks in terms of transparency, which makes it essential to verify the property through every other resource to avoid dealing with a fraudulent seller. Being a property buyer, you must completely understand the need to hire services from a reputed lawyer, who can firstly help in recognizing the real value of a property.
Although the real estate law shall help the buyer to find a property that has no kind of land-related disputes, the below-mentioned is a checklist that you need to consider reading beforehand investing your hard-earned money in attaining a property.
Check for the Title Papers:
Property paper verification must be the first task that you need to do to find a property that holds onto a clear title with no kinds of dispute on board. If you are about to buy a new property, then the land must be titled under the construction company that you are approaching to buy from. If you are investing your money on a resale one, then you need to read every other line that has been entered into the title papers. You can also visit a property lawyer and under their guidance check with the authenticity levels of the title papers provider by the property seller.
Asking for Bank Approvals:
The executives representing the bank shall evaluate the property in the first place, before approving a loan. Several banks will come forward in offering on-site offers for an apartment project, which itself is a wise signs indicating that the property has under gone property document verification and has been legally verified as well. Make sure to check through the clauses, other than randomly signing the loan agreement that has been offered by the bank.
Request an encumbrance certificate to verify land ownership from the property seller and to know that the property is legitimately free from any kind of pending loan or mortgage. While purchasing a resale property, one must never neglect reading through this type of document that can help in recognizing the dues that have been paid in the past and the type of mortgage the property was said to be under in the first instance.
Tally the Approved Plan with the Actual Site:
If you have decided to purchase a property that comes under an apartment project, then request the builder to provide an approved map copy that has been attested under the supervision of the local authority. Obtaining such copies can give you an idea about the surrounding areas and ensure the property has passed through all kinds of legal entities as well.
Check out Property Tax Slips:
Before purchasing a property that is available for resale, make sure to obtain property tax slips that were paid by the previous owner. By going through the tax slips, you can easily verify land ownership of the builder and ensure no kind of due is pending to be paid under land tax with the local municipal authority as well.
The Project has a Registered Society:
Any type of apartment project that has been constructed or about to finish the construction timeline must have its registered society other than being a member of the resident welfare association. While getting a legal opinion on property from a lawyer, request a letter from them to acquire a valid certificate that can showcase the participation of property under the resident welfare association. This type of double-checking shall let you ensure the authenticity levels of the builder and be sure your money is under the safe hands.
Date of Possession:
Possession dates do play a vital role if you are on the process of “how to check property papers”. It is the exact date on which you are about to obtain the possession premises from the builder by mutually signing an agreement. If at all the possession rights have not been given by the agreed date, you as the purchaser have every other right to sue the builder.
If you are on the verge to purchase a property under monthly installments, then the builder must come up with a payment schedule that can suit your payment purpose. They should specify every other detail related to such installation payment and mention the month and date in which the payment ends as well. While processing house documents verification, request the builder to provide a payment schedule so that you can check with their proficiency levels as well.
You being the purchaser get the privilege in learning the additional benefits that shall be entitled while purchasing a property with a builder or construction company. Every other amenity that was earlier promised by the builder must be fulfilled without coming up with a random excuse. By signing a mutual agreement that notifies the list of amenities that are about to be provided, you shall be free from all encumbrances. If the promise has been broken, then it shall be considered as breaching the contract, letting you to legally prosecute the property seller.
The penalty clause must be incorporated within the purchase agreement mentioning the milestones and the type of penalties that can be charged in case the buyer or seller has failed to accomplish them within the given and agreed instances.
Last but not least; make sure to take further steps to register the legal purchase agreement while you are on the process of land paper verification with the lawyer. Upon successfully registering, you shall be provided with the utmost protection from any kind of legal complication that might happen in the future. No type of change can be made after registering the purchase agreement with the right sources. Even if the builder is looking forward to making a change, it can be done only after getting consent from the buyer.