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#1 Buying Property Without Verification? Know the Risks and Consequences

Buying Property Without Verification? Know the Risks and Consequences

Buying property without verification can create title, ownership and financial risks. Learn why legal property due diligence matters before purchase.

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Buying Property Without Verification? What Risks Could You Face?

You have decided to buy a property. However what if everything seems right. The property looks good, seller has the paper work and registrar is also there. But something wrong with the title?

Later on you might be asked questions from owner, pending payment, loan, family objection, fake document, unauthorized construction, possession issue, unable to sell etc. Sale deed being registered doesn't solve all problems.

Property verification can be helpful for people who want to purchase property in Delhi NCR, Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad and other parts of India. To know what issues they might face before paying hefty amount.

Property verification will enable you to know the previous chain of owners, documents, charges on property, permissions, possession and much more. You will come to know about the property you are going to buy. And if seller can sell you that property.

Most of the people take help from broker/seller/builder for buying property. But you should always know your own paper work. It should be checked from legal perspective.

Advocate BK Singh can help you in knowing your documents. If you want to buy any residential/commercial/industrial or for investment purpose.

Why Could Buying Property Without Verification Become a Problem in Delhi NCR?

The Buyer could suffer from multiple ownership issues, financial loss, legal implications and problems with their property.

Property in Delhi NCR can consist of Free hold properties, Lease hold properties, Properties from Builders, Properties from Authorities, Flats, Inherited Properties, Joint Properties or Properties having Power of attorney / older Documents.

Property could look good but the Buyer could find a glitch in the documents.

The Seller might have possession but not a marketable title. The Property could be mortgaged or there could be another claimant on the property which you come to know about after buying the property.

Therefore you should verify the property before you invest your hard earned money into it.

It is always wise to take the help of an Advocate if you are buying a Property for yourself or investing your business or family money.

What Should a Buyer Know Before Purchasing a Property?

Quick Facts

  • Always look into papers which deal with the property which you are buying.
  • If a paper is registered it does not necessarily cure all title issues.
  • Try to establish that the seller is indeed the person in the sale document.
  • Trace through as much title as possible if available.
  • Past sale deeds may be important as well.
  • If it is an inherited property look at the succession papers also.
  • Joint owner ship can cause some issues so find out about all the co owners.
  • Power of attorney should be taken seriously.
  • Look for any encumbrance on the property.
  • If there is any mortgage it must be looked into.
  • Dues outstanding can cause hassles while buying a property.
  • See who has the possession also.
  • Mutation is only a revenue record so don't rely on it completely.

What Does Property Verification Actually Check?

Property verification involves scrutinizing the property and the sellers claim on it with due documents and process of law prior to buying it.

It will vary upon the kind of property you want to verify. It could be as simple as a residential flat or might need more in-depth checking if its a property received through succession, allotted plot from an authority, commercial property or apartment from a builder.

Checking the available documentation regarding title of property. Previous title documents, seller documents, concerned authority records, encumbrances (if any) related info, possession and sale deed documents.

This does not mean to scare a prospective buyer but help them buy with knowledge.

Advocate BK Singh can help you know what all documents are present in your desired deal and what more is required.

What Legal Framework Can Apply to Property Verification in India?

There are various laws and acts which can be related to any sale purchase of property. Not only one property verification act can cover all this.

Transfer of property act 1882 comes into picture when we are dealing with transfer of immovable properties. And the Registration act 1908 deals with some of the key requirements. You could have Stamp Acts, Succession laws, Municipality laws, Development authorities laws, Tenancy laws and State laws applicable for any real estate transaction.

If you want to check the title of a property. The age of the property might play a role. Buyer would need to know how the property passed from one person to another. If the documents held by the current owner justify the ownership.

Registration is a requirement for the transaction. But one must not rely solely on registration.

This could vary based on the type of property as well. Whether its a freehold, leasehold, ancestral property, joint owners, authority allotted property or under a builders project.

Who Should Consider Professional Property Verification?

Are you looking to buy a house for your family?

When buying a house most people spend their life's money or are committing to pay for a number of years. Its always advisable to get legal opinion on the paperwork before investing such a huge amount.

Are you looking to buy a property as an investment?

If you are an investor then you would want to know about your current purchase and future transferability of your property and paper work.

Buying from an individual seller?

It is wise to check the papers of the person selling to you and past transactions of that property.

Buying a property from inherited property?

There could be various questions related to succession and family ownership and papers when it comes to inheritance.

Buying in Delhi NCR?

You might have heard this many times. Whether you are buying in Delhi, Noida, Greater Noida, Ghaziabad, Gurugram or Faridabad each have its own authority and record systems. So yes legal opinion would come in handy.

What Is the Property Verification Process?

It generally starts with identifying what the deal is about and gathering all the documents you have access to. Whether it is the seller, builder or any other authority.

Documents are cross verified against each other. Chain of ownership, transfer papers and whatever other documents may help. All of this will be considered as a whole.

Additional documents may need to be obtained if anything seems amiss.

Older properties may call for a deeper look into its chain of title. Property which was inherited would need additional documentation relating to succession. If its a builder property it may need documents about the project/allotments etc.

After reviewing these documents you will have a better understanding of if you want to proceed further, clarify certain things or negotiate better terms or get further legal help.

What I do is point out any discrepancies that can hurt you legally when buying a property.

If you're already in talks to buy a property we can step in when needed. Instead of getting a lawyer once your registering or fighting in court.

Which Documents May Be Important for Property Verification?

Depends on the property. But it can include:

Title/Sale deed current
Past sale deeds of the chain
Sale Agreement if any
Mutation/revenue records if any
Property tax receipts
Records relating to any encumbrances
Documents proving possession
Document of allotment / Lease (if any)
Permission from authority (if any)
Building plan sanctioned (if any)
Completion/occupancy certificate (if any)
Succession Certificate
Release Deed (if any)
POA (if any)
Agreement between builder and buyer for that project
No dues from bank/mortgage (if any)
ID proof of seller
Any other documents which are required with respect to that property.

Every property is different so your lawyer will know what documents are required once he knows about the deal.

How Long Can Property Verification Take?

No amount of time that is legally required to complete the task on all properties.

If its a simple sale there may be less documentation to look through. If it's a old property with many sales or inheritances or authorities and missing information could take longer.

You should keep in mind that this is just for you to look over your legal documentation. It may take longer if your waiting on information from authorities or other parties.

Its best to start the process before you commit any money.

When Should You Consult a Property Lawyer?

It is always advisable to get some form of legal guidance when buying or paying large sums of money if any of the following apply;

  • The chain of ownership goes back many years.
  • Seller does not have all the paperwork.
  • Property may be inherited.
  • More than 1 person from a family is on the deeds.
  • Property is mortgaged or was bought using a mortgage.
  • There is a power of attorney.
  • Property is authority allotted or on leasehold.
  • Queries with building work or permits.
  • The seller wants you to proceed asap.
  • Any disputes/notifications have been highlighted.
  • The property is selling for much less then what its worth.

The sooner you receive advice as a buyer the more options you have.

How Can Property Lawyer Delhi and Advocate BK Singh Help?

Property Lawyer Delhi Advocate BK Singh deals with all matters related to property papers. Title search, Due Diligence on Property transaction etc.

It's not to complicate your buying process but to let you know what all papers you have and what should concern you.

You might require a lawyer's help to go through the paper work, title search on property, missing paperwork etc. Depending on the property what you will need assistance on.

When you are buying a property in Delhi NCR or anywhere in India where you may require professional help in case there is high stake involved. Or when you have questions regarding your paper work.

If you want to buy a property and need help finding out if you have proper paper work to proceed with your transaction Advocate BK Singh can be of help to you.

What Questions Should You Ask Before Buying Property?

Do i need to check the documents before giving token amount ?

Yes one should take legal advice before parting money which you may not get back. It all depends on the deal and documents.

Will having a registered sale deed be enough to call it a clear property.

Its good to have registration but there are more aspects which one should keep in mind before buying.

Can my property lawyer find out if seller owns the property ?

Your lawyer will be able to look into the documents which can be made available to him for the deal and give you a yes or no depending on the situation.

If the property has mutation done in sellers name does that mean he owns it?

Mutation can be helpful in certain cases but dont take it as proof for everything.

What if there is a bank loan on the property?

One should make sure that they are informed about the same and have documents of how the property can be released/transferred from the bank.

Should I check more documents for an inherited property?

Most cases require looking at other documents for a inherited property.

Can I buy property on power of attorney?

It depends on the poa deal and document. Make sure to consult someone who can advise you properly before you go ahead with such deal.

What if seller says that he does not need me to check his documents.

That decision needs to be taken by you as the buyer and not someone else selling you a property.

Can Advocate BK Singh help me check documents before buying property?

Advocate BK Singh can assist you with your property documents if you wish to have them looked into before your purchase.

Will checking my property ensure that I wont face litigation in future?

There is no assurance that you will not face litigation in the future. By checking your property you can reduce some risks but no property can be called 100% litigation free.

Final Thoughts

Always verify your papers while buying property. It could be your location, price, structure or anything. But its paper work also plays a very important role.

When you hire a professional and get it verified within few hours before you invest huge money you will come to know about sellers paper works, who owned it and if there is any litigation related to it. It would be of great help if there is something fishy with the property. Like it has changed many owners or is under family possession. Maybe some authority owns it or has anything else to do with the property.

If you want to verify your property before you purchase it in Delhi NCR and other areas of India you can contact Advocate BK Singh.

Buying property? Don't let litigation teach you that you should have verified your paper works.

Author Bio

Advocate BK Singh is a advocate property lawyer at property lawyer delhi who provides legal advice related to documents of your property and its title. If you have any issue related to buying selling or possession of property or need legal due diligence he can help you out with it. He works for buyers seller property owner or investment purpose if anyone has problem regarding their document and title. He helps his clients if they are having transaction of any property be it residential, commercial or any other type of properties. Advocate BK Singh will make you aware about all risk which can occur with your documents and will give you a legal opinion about it. If you want to know more about Advocate BK Singh on property deals you can visit our site property lawyer in Delhi ncr & India.

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