Property Verification

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PROPERTY VERIFICATION

Purchasing a property, whether it is movable or immovable, can be a financially overwhelming experience. Hence, it is extremely important to ensure that all the legal details are clear so that there are no legal difficulties in the future. Following details must be checked:

  • Legal duty of the buyer to enquire into the seller's capacity to pay and clarity of his / her title;
  • Agreement to sell and acknowledgment;
  • Execution and signing of sale deed;
  • Possession, Registration, and completion of payment.
  • The title of the property is the legal ownership right to the property. Investment in the property is one of the chief investments. So the title of a property is one of the most important aspects that everyone deals at the time of buying a property. So it is very relevant to verify the title/property documents before buying property to save buyers from defective/unclear title. It has been presumed that before buying a particular property the buyer has properly verified title deed possessed by the seller.

Significance of Property Verification

To know whether seller has legally entitled to sell property

To know seller has ownership

To verify that property is free from all types of charge or encumbrances

To protect himself / herself against any kind of fraud/scam/forgery etc.

Sometimes seller may try to sell the same property multiple times and cheat people which can be prevented through property verification.

It can be ensured that the property involved in transaction is free from litigations

Document Verification Process

Title Papers

A title of the property should be clear, without any dispute. If someone is buying a new property then title of the land should be in the name construction company.

Approvals from Bank(s)

If the property is being bought through bank finance in that case bank itself verifies the registration and other details regarding property

Certificate of Encumbrance

An encumbrance certificate is a document which certifies that a property is legally free from any mortgage or outstanding loan. It also contains list of the previous owner(s) of the property. This document becomes very important in cases where property is resold or seller borrowed some funds in past which have been repaid.

Crosscheck

Cross check the actual site with approved plan. Point out any dissimilarity, if any to the seller.

Tax Receipt

In case of buying a resale property then ask for property tax receipt from the previous owner. This will help you to know

  • Whether the colony or the area in which the property is situated is regularized or illegal.
  • If the property is registered and there are no dues pending with the municipal authority.
Society

Every project should have a registered society along with a resident welfare association. Society registration and formation of welfare association is a legal process and also gives an insight about the legality of the project and the property you are buying.

Documents Required For PROPERTY VERIFICATION


Sale Deed


Agreement To Sell


Sale-Purchase Agreement


Conveyance Deed


Freehold/Mutation Details etc.


GPA/Power Of Attorney


Relinquishment Deed


Will (if any)


Partition Deed

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