Property investment in Chennai involves a large amount of money. Hence, it is with utmost importance to research every detail and follow through a property check procedure to ensure legitimacy. Apart from this, purchasing a property entails a sensitive, meticulous, and exhaustive process that a buyer or an investor would need to undergo.
By saying so, it is imperative to know that you are buying a verified property. In this way, you will save yourself from all the emotional, mental, physical, and financial hassles that may arise when you buy a property. You don’t have to put up with all the constraints and daunting issues in investing.
When investing, it is important to go-over with a fine tooth comb-like attitude on the specific details of the paper works involved before acquiring a property to free yourself from future irritating annoyances and legal battles.
Legal check for property should be the first necessary step that investors need to follow in buying. So, how to check if your property is authentic or legally clear? We list down the significant steps and tips on how to go about it.
Documents Need To Check Before Buying Property
Checking the authenticity of the documents before buying a property is the most crucial part when you invest. It is of great importance to carefully examine if all the pertinent papers are available and legitimate. With this, we are here to help you determine the documents you need to check prior property purchase, which the seller should present to you.
Sale Deed
The primary legal document that you need to check in buying a property is the proof of the last sale deed. It is the warranted proof of the property’s legitimacy and the official stipulation of the transfer of ownership, which clearly states the agreement involving the property purchase, such as the date, price, and the name of the seller and purchaser.
You must critically examine the sale deed and make sure that the property has a legal and clear title. This step protects you from inauthentic purchases and loss of investments. During this verification process, the sale agreement should be laid out and executed.
Mother Deed
Another important legal document that you need to verify is the mother deed. It tracks down the origin or history of the property and other transference deeds involved with the passage of time. When you talk about checking the legality of the property, it should trace you back scrupulously scrutinizing to the earliest official document recorded.
You will need this paper for further transactions that you may want to do with the property, especially when you buy it using a home loan. You make sure to obtain certified copies of the mother deed from the registered authorities if it’s not available on hand.
Plan Approval of Your Building
It is also vital to secure approval on the building plans from the commissioner or authorized person in charge in the area of jurisdiction. You need to submit the following documents listed below to acquire a building plan approval.
- Title Deed
- Property PID number
- Property assessment extract
- Up-to-date tax receipt
- City/Panchayat survey sketch
- Earlier sanction plans
- Demand drafts
- Foundation certificate
- Land use certificate
Power of Attorney (POA)
One more legal document that you need to check when purchasing a property is the Power of Attorney or POA. It’s a written authorization that provides broad-ranging powers to an organization or individual acting in behalf of the owner to sell or mortgage the property. For this reason, it is critical to be vigilant in using this kind of authority.
Tax Receipts
In addition to the mentioned legal documents above, you must certify the tax receipts. Confirm the settlement of the property tax obligations of the owner is up to the date of sale. You need to ask for the latest and certified copy of the original receipts to verify. The receipts should include the dates the payments made and the correct legal owner and tax payer’s name.
Otherwise, you should contact an official from the municipality to confirm the legal ownership through the property’s survey number if tax receipts are not on hand. Other bills that you should need to check are that of the water and electricity.
Aside from the list above, you must also look at other certificates, such as completion, occupancy, and encumbrance or legal liability of the property, among many others to give you more ease and peace to protect your investments.
Additional Things to Check Before Buying a Property
Moreover, here are the additional things that you need to check before buying a property to give your more security when it comes to your investments. We listed them down below to help you further and save you from all the inconveniences and headaches.
Conduct a Background Check on the Legal Documents
The sub registrar’s office holds all the relevant documents of the construction projects in the area. That being so, you can ask the official-in-charge to allow you to conduct an inspection. If you get rejected or refused access to the papers, it might be a concern of the project’s legalities.
Ensure that the Construction Complies with the Approved Plan
Without exceptions, the construction should adhere to the approved plan duly signed by the respective authorities. Deviations or alterations made by the developer or builder will cause a penalty. So, make sure that it complies with the approved plan. If you come across with this kind of issue, hiring a good firm in property litigation services is a must.
Loan Application Status
Your loan application status is also another way to determine the legitimacy of the property you are about to buy. It’s an SOP of any bank to conduct a background check on every detail that pertains to the loan application before authorizing and giving approval. If you run into this issue, hiring reputable property litigation services is advisable.
Online Property Records Verification
Technology advancements ushered online accessibilities of property records, and in support, the government of India promoted an initiative to digitalize the record of rights through the National Land Record Modernization (NLRMP) program.
Accordingly, most of the states began to provide information of the property records online. Following this digitalization, the Tamil Nadu government made its availability through the http://eservices.tn.gov.in website.
Property Mortgages
Checking of the possible mortgages of the property is also vital before buying. You don’t want to end up paying the mortgages and have more issues in the long run. The property owner can mortgage the property, and you might not get informed about it when you buy it.
Encumbrance Certificate
As mentioned earlier, you must also verify the legal liabilities of the former registered property owner. The certificate will provide you the facts that you need to know if there are any pending dues. Encumbrance or incumbrance is also a legal proof of ownership.
Tax Status of the Property
Earlier, we talked about the tax receipts. In addition to the information provided, you should understand that a property owner needs to pay a tax annually to the appropriate development authorities. Hence, we highly recommend that all the paper works involving the tax status of the property are in order.
Registered Society Post-Completion
Another positive indicator and crucial factor of the property’s legal status is the presence of a registered society post-completion. Obtaining the registered resident welfare approval entails a comprehensive legal process, which mandates for all submitted papers to be legitimate.
Conclusion
When you buy a property without doing a rigorous background check or verifying the relevant legal documents involved, you are exposing yourself to indescribable legal troubles, which may led to losing your hard-earned money from wrong investments. Be reminded that property investments entail you to put out hefty amounts.
Some of you may use your savings to invest in a property with a high hope that it’s the right decision to make only to find out that you were wrong. Your investments may go awry, leaving you zero balance or worse obliging you to pay legal liabilities that the previous owner forgets to mention or disclose to you when you don’t verify the legalities involved in a property you are about to buy.
Thus, you must exert more efforts to make a thorough check on everything before buying any property. By following all the steps and tips that we provided above, you can make sure that the property you are eyeing to buy is legally clear and free from any hidden mortgages or tax arrears.
Protect your investments and future by making sure that you are earning valuable and viable assets. With this, we highly recommend that you acquire the service of a reputable firm that handle litigation cases or concerns. In this way, you will get a substantial legal opinion on property that you wish to buy to give you more security, assurance, and protection.
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