Verifying a property before buying is a must these days given the staggering amount of fraud that is committed on the part of builders and sellers. Most of the buyers think that buying property from a branded builder is a solution to all their problems, but it not. Getting all the legal documents checked via a firm specializing in litigation property legal services is a must.
If you buy a property for which no approval was taken from the authorities for construction, the property might get seized or even demolished in the future. Though there is a possibility that the builder might file a case in the court of law, the time that it will take to reach a conclusion will only cause you more harm than good.
Another major reason for doing so is that a significant number of builders nowadays tend to violate the approvals that are provided to them by the authorities. Violating such permissions also results in either the property getting seized or demolished.
All these reasons are to be taken into account before making a purchase of a property of any kind. And doing so with the assistance of a consultant who has experience in litigation property legal services is the best available option.
How to Make Sure That the Property in Question Is Legally Clear?
- Perform a background check on the paperwork All the documents related to a construction project are made available at the sub-registrar’s office. You can always ask the official in charge to let you perform an inspection of the same. In case if the government authorities are denying you access to such documents, then it is also a big question mark upon the legal stature of the project. It is your legal right to inspect these documents related to the registry of the real estate property.
- Checking Whether the Construction Matches the Approved Plan Once a construction plan gets approval from the authorities, it is legally bounding on the real estate developer/builder to follow the approved plan. Any deviation from it will only attract a penalty for you as an owner. There have been even cases in which builders have constructed a greater number of floors than previously approved. In case you happen to face any difficulty in doing this, it is highly recommended that you make use of a firm providing litigation property legal services.
- The Status of your Loan Application
If the bank in which you have applied for a loan to finance the purchase has refused to finance the deal, it is not a good sign with regards to the legal status of the property. Note that banks always perform a background check on everything before sanctioning and approving a loan application. Hence, their saying NO is not a good sign.
The same goes for whether or not a reputable bank is financing the project or not. If the project is following all the norms set by the government, big banks will have no problem in providing a loan to finance the project.
Checking Land or Property Records Online:
The NLRMP or National Land Record Modernization program is an initiative undertaken by the government of India to promote the digitalization of the record of rights. Most of the states have, therefore, started to provide this information online. The Tamil Nadu government has made this facility available on https://eservices.tn.gov.in/eservicesnew/home.html . All
you need to do is just run a relevant search, and you shall be getting all the required information in just a click.
Some Additional Checks To Perform:
- Checking on the mortgages on the property: Any person can mortgage his or her property. Therefore, performing a check-up on mortgages is also important before buying a property.
- Encumbrance Certificate: This contains the details about the previous registered owners and also verifies the fact about whether or not the property has any pending dues or mortgages. It is also considered to be legal proof of ownership.
- Property Tax Status: Any given property owner has to pay an annual tax to the development authorities. Having all the paperwork in order with regards to property tax is also a check that we would recommend to perform.
- Registered Society: The presence of a registered society post-completion is also a positive indicator of the legal status of the property. It is because getting approval for registered resident welfare itself is a thorough legal process that makes it necessary for all legal papers to be legitimate.
In case if you still have any doubts with regards to verifying whether or not the property that you are planning to buy is legal or not, we highly recommend that you contact a property consultant in Chennai with past experience in providing litigation property legal services.