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Documents to check before buying any land

Submitted by asandil on Thu, 09/30/2021 - 14:55

Once you decide to buy a plot, make sure you have all documents in place. Without these, your purchase will be delayed. Having all the proper legal documentation will help protect your land and home from any disputes in the future. Consult a lawyer to help you with every step of the documentation process.

Most of the required documents can be grouped into two types - legal and personal.

Legal documents: These documents are essential, and missing even one of these can result in a delay in purchase.

There are 7  legal documents  one should look for -

Mother Deed: This is taken from the seller. The Mother Deed is the main document to determine ownership of the property. It traces the land’s chain of ownership and provides information about the history of the plot.

Sales Deed: The Sales Deed records the transfer of land ownership from the seller to the buyer. You can get it validated at the sub-registrar's office.

Power of Attorney(POA): If the seller of the land is not the owner, they should have a Power of Attorney that authorizes them to sell the plot. Always check the Power of Attorney when buying from any seller.

Encumbrance Certificate: An Encumbrance Certificate documents all the transactions related to the land. It serves as proof that the land you are buying is free of any monetary or legal bindings. It is obtained from the sub-registrar’s office where land is registered.

Katha certificate: A Khata Certificate is necessary to obtain a building license. It contains property details like location, size, built-up area etc. and is necessary for the payment of property tax and to obtain a building license. It is obtained from the Assistant Revenue Officer.

Land Clearance: If you wish to convert agricultural land to non-agricultural land this certificate becomes very essential.

Record Of Rights (ROR) certificate: It is obtained from the Tehsildar’s office

Personal documents: Personal documents are purely for verification purposes: Aadhar, Voter ID card and PAN card.

Things to keep in mind:

In case the seller is not the owner, check the ‘power of attorney’ document.

To make sure measurements mentioned by seller are accurate, get a survey sketch of the land from Survey Department.

If there are more than one owner, make sure to get ‘release certificate’ from all owners.

  1. If the property in question being an inherited one, i.e. passed down from the grandfather/mother etc., don’t miss to obtain NOC or Release declaration-Notorised from all the possible claimants.
  2. In addition better get an Affidavit, and Indemnity Bond, also Notorised, that if in case any disputes or legal hurdles arises after or before the registration of Sale Deed, the Seller shall arrange to clear all such impediments financial or otherwise at his/her own cost & risk. Failing which he/she shall refund the consideration/sale value paid by you.
  3. Transfer of Building licence, Electricity and Water connections; Also obtain official receipts of Deposits on these connections duly Endorsing thereon that the proceeds shall be transferred/refunded to the Purchaser at any date henceforth.
  4. All clear from Property tax, including the betterment charges if any, (check for any tax assessment is pending closure/discharge.
  5. In the process, there are expert Legal consultants who are reliable/well experienced in verification of all relevant documents and give a status and also a frank Legal Opinion for a fee.
  6. E.C. shall be uptodate of registration in your favour.