Legal documents to check before Buying Land in India | Summary and Q&A

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November 26, 2022
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Wint Wealth
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Legal documents to check before Buying Land in India

TL;DR

Learn about the essential legal measures to protect your hard-earned money when buying or owning land in India.

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Key Insights

  • 🗯️ Conducting a title check is essential to verify the seller's right to sell the property and avoid any legal complications in the future.
  • 🏝️ Appointing a land surveyor helps ensure that the physical position of the land matches the original and future sale deeds.
  • 🌱 Checking local regulations, such as FSI and development plans, is important to understand building restrictions and future developments in the area.
  • 🥺 Avoid buying properties based on a general power of attorney, as it may lead to complications in the ownership transfer.
  • 🫕 Ensuring the property does not have any encumbrances or pending dues is crucial to avoid the risk of foreclosure or seizure of the property.
  • 🪈 Mutation, changing the owner's name in revenue records, helps establish ownership and ensure proper payment of property taxes.
  • 🏝️ Checking land usage approval, PTCL endorsement, and the content of the sale deed provides further protection against fraudulent transactions.
  • 🆘 Adhering to the doctrine of caveat emptor and conducting due diligence with the help of a lawyer can help safeguard your ownership rights in case of disputes.

Transcript

almost 66 percent of civil cases in Indian courts today are relating to land in this video we will tell you a list of legal checks and balances which you can do and follow so that your hard-earned money is saved if you already own land you can listen to this video and make sure you do a sanity check to ensure that all these processes have been foll... Read More

Questions & Answers

Q: What is the most important check to do when buying land?

Conduct a title check to verify the seller's right to sell the property and avoid any legal complications in the future. This can be done by a property lawyer who will provide a Title Search Report (TSR).

Q: Why is appointing a land surveyor important?

A land surveyor will physically visit the property and determine its existing position. This helps to ensure that you are paying for the exact same property as stated in the title deed and future sale deeds.

Q: How can you avoid legal disputes related to land encroachments?

Request the local test office to send an official surveyor to determine the exact area in which you'll be allowed to construct on your property. This helps to avoid encroachments on public or other people's land.

Q: What is the significance of mutation in land ownership?

Mutation is the process of changing the owner's name in the revenue records of the state where the property is located. It is crucial to ensure that the mutation is done in the buyer's name to avoid any ownership disputes and ensure proper payment of property taxes.

Summary & Key Takeaways

  • Almost 66 percent of civil cases in Indian courts relate to land disputes, making it crucial to follow legal checks and balances.

  • Conduct a title check to verify the seller's right to sell the property and avoid purchasing land that doesn't exist or belong to the seller.

  • Appoint a land surveyor to determine the actual position of the land and ensure it matches the original and future sale deeds.

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