Important Legal Checklist for Buying a Property
It is true that buying property is a dream for many of us but we also cannot deny the fact that it involves a lot of documentation and legalities which is a bit difficult to understand for any common person. But there are few basic legalities that are important to understand for buying a property. To help you with the same let us try to understand how you can as a buyer save yourself from landing into legal tangle.
Buyers are often dependent on the brokers and builders to complete the legal formalities like ownership documents, guidelines or registration process. But if you are an educated buyer this should not be the case always because you spent your life-savings on property and would never want it to go in vain. While purchasing your property it is important to do the paperwork because being armature about these formalities can lead to legal tangles later on hence, it is beneficial for the buyer to be aware of every legal formality he/she has to deal with while buying a property. Here are a few important legal checklist that a buyer must take care while purchasing a property.
Verification of title and ownership:
Before buying a property you tend to visit numerous different properties and examine various things. Not just the surrounding or view, you examine various things while finalizing one. The title report must be given by the solicitor with the title certificate and the title report must be taken for 30 years ago and the buyer must check that the developer gives a paper ad regarding the title clearance. While buying a property don’t just fall for the view of the property, in fact, check if the property belongs to respective seller. Check the deed thoroughly if necessary, take the help of a property agent and understand everything about the title of ownership.
Land use premises:
Checking the master plan of the property and verifying if the property is developed according to the zoning plans such as parks, open spaces, etc. Due to the increasing demand for land and property, a lot of agricultural lands is being depleted. This is an important factor to check because of growing urbanization agricultural land is getting converted for non-agricultural purpose basically for the construction process. Ensure that the non-agricultural certificate of the land must be given by concerned authority of the state. Several state laws restrict the purchase of agricultural property hence, before taking a final decision the buyer must check this important fact as well.
You would never want to risk your life savings on something which isn’t approved by the government. All government approvals must be thoroughly checked and cross checked. Along with approvals issued by the government, statutory and regulatory authorities for providing infrastructure facilities, water, sewage, electricity, environmental clearance, fire safety etc. the buyer should scrutinize the building plan sanctioned by the local municipal authorities.
This is what is very necessary while buying a property because this document is necessary for the seller to obtain. The buyer is entitled to penalty under the applicable building bye-law if he uses the property without obtaining occupancy certificate. This certificate also makes sure if the builder has taken any project loan.
Before buying a property make sure the owner/seller has an encumbrance certificate. This certificate ensures that the property is not mortgaged and if there are any pending dues then the owner is liable to finish them before selling the property. A non-encumbrance certificate makes sure if the developer has taken any project loan for the concerned project. This certificate can be obtained from the sub registrar’s office.
Physical survey of the property:
A property is something a buyer should never finalize before taking a survey on it because it helps them a lot to decide the pros and cons. Along with these basic legal formalities, it is very important for the buyer to take a physical survey of the property. To invest in something like property it is important to complete the due diligence that can save you from making mistakes. Therefore, the buyer must undertake a physical survey of the property and confirm every detail mentioned by the seller.
One more important thing that the buyer must take care that the approved project for financial facility project must be approved by nationalized banks because it makes it easy for buyer to get loan to purchase the property. This facility also makes the buyer feel that they are safe while buying the property.
RERA rules and regulation:
RERA has made it mandatory for the developers to get their projects registered under this act. Before taking any final decision it is must for a buyer to verify whether the project is registered under RERA. You can always get information about the respective property on the official web portal of RERA for each state. The buyer can get any information regarding any cases/complaint filed against developer and also helps to know about the credibility of the developer.
Buying a property has never been an easy task. The changing real estate market,property tax rules, it becomes difficult to sell or buy property in India. Though these are only a few points that buyers should diligently verify each and every detail to avoid legal hassle. As a concerned buyer do not be dependent only on agent to clarify your doubts instead, have an in-depth knowledge of the property you are going to invest your hard-earned money.
We at Pacifica, strives to ensure that you do not have to face any hassle while buying a property with us. Our customer centric approach lets you buy property with us in a very smooth way. Our smooth and easy documentation process helps you to clear all your doubts so that you can have a property in your name without landing into any legal trouble.