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#1 Common Property Documents Every Buyer Must Verify Before Purchase

Common Property Documents Every Buyer Must Verify Before Purchase

Learn which property documents buyers should verify before purchase, including title deeds, ownership records, approvals and other key documents.

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Common Property Documents Every Buyer Must Verify Before Purchase

Buying a property is a major financial decision. A beautiful flat, house, plot, commercial unit or investment property can look perfect on paper and still carry title, ownership, mortgage, litigation or documentation risks.

How can one be sure that the property he is purchasing is safe ?

Never rely on your seller's word or broker or sale deed alone. There may have been many sale deeds before you , succession case, loans from bank, other family members with power of attorney or dispute or any kind of records regarding the property which you may not be aware of. If even one of these things goes wrong you will have trouble at a later stage.

Document verification for a property involves verifying all the documents associated with the ownership of a particular piece of land. You want to do this so you are able to find flaws if there are any before your money is put in and it becomes hard to back out of a situation.

This is especially helpful for those who want to buy property in Delhi NCR or other metropolitan cities in India where you may need to verify multiple documents such as builders documents or previous sales.

Talk to BK Singh Advocate / Property Lawyer Delhi if you wish to buy property. They can let you know what documents you should be looking at and if anything seems fishy about them.

Why Should Buyers Verify Property Documents Before Purchase?

The reason a buyer must check the documents is that just because a seller shows you he owns the property does not mean it is free from any risk.

Most of the time disputes arise in the property when the money has been paid or the possession is taken or even the property has been registered in your name. You may have to pay a hefty amount to resolve the issue which will lead you to long term litigation.

If you do a proper documentation you can find out if there are any issues in the property like -

  • Questionable Ownership.
  • Defective chain of title.
  • Charged/ Mortgaged property.
  • Property acquired through Inheritance.
  • Family Disputes.
  • Illegal Construction.
  • Variations in description of property.
  • Non approved properties.
  • Sale previously done.
  • Transaction through Power of Attorney.
  • Better Safe than sorry.

This list of documents could vary depending on the property you want to buy in Delhi, Noida, Great Noida, Ghaziabad, Gurgaon, Faridabad, Meerut etc.

Is the Sale Deed Enough to Prove That a Property Is Safe?

No. Sale deed once it's get registered shouldn't be considered the panacea for any issue pertaining to the property.

Buyer must look into previous sale deeds and see how did the property came to current seller. This will also include any previous property if the sale was through succession, partition deed, gift deed, family settlement or so on.

It's possible that some of those issues aren't cleared after property registration.

The buyer should be able to find out what happened before his current title came to existence.

That's where BK Singh Advocate comes in picture when buying property.

What Is Title Verification and Why Does It Matter?

This ensures that title will pass properly to you and that your seller has marketable title.

This could consist of but not limited to previous owner's, deeds of conveyance, will's, liens and any other documents pertaining to said real estate.

Something that looks good may not be good enough to rely on if it doesn't show proper previous owners.

If the seller received the property by inheritance you may need to go back and look at their laws of succession and what documents they may have.

Which Laws Are Relevant to Property Document Verification?

Can be governed by multiple laws and records. Depends on your situation.

Sale of immovable property will fall under the Transfer of Property Act 1882. More specifically section 54.

Instruments that need to be registered are governed by the Registration Act 1908. Which you will find many property related documents under this act.

Can include laws around succession, stamps, development acts, local authority records, revenue records and if its a real estate project then RERA 2016 as well.

This all depends on what type of property and transaction you're dealing with. No one set of documents will satisfy every property.

Who Should Get Property Documents Verified Before Buying?

It's recommended to verify the documents of a property you're looking to buy. Almost all buyers who are buying a home with a good amount of money saved up or through bank loan should.

Do First Time Home Buyers Need To Verify Their Documents?

They should. Some people tend to trust their broker/builder/seller. They might not be aware of which documents to check for their property.

Having someone help them verify what they've been given can let them know if these documents are relevant to the deal at hand.

Do Investors Need To Check Property Documents?

They should as well. Your investment property could have had various owners over time or contain development plans, leasing contracts, commercial use rights etc.

If you're getting a good deal on price it shouldn't be the only factor for why you're purchasing a property without checking the documents.

Do NRI's Need To Verify Their Indian Documents?

As an NRI buyer yes you should. There's even more benefit to having someone help you look over these documents when your located far away. You want someone to help you look over the sale deed and verify who's selling it to you and if there are any transactions made on that property.

Hire someone to help you clear up some questions on the property documents before you buy a property.

How Does Professional Property Document Verification Work?

First you want to become familiar with the property and transaction at hand.

Once you have gathered all ownership documents look at them to make sure they all agree. Name of seller, description of property, size of property, boundary lines, etc. All transfers on record should also be reviewed.

Depending on circumstances you may want to review other records to see if the chain of ownership can be substantiated.

There could be questions about liens, death, power of attorney, zoning/building permits, real estate tax or open issues.

At the end of your review ask yourself. What can I prove to my client about this transaction. What are the red flags. What should they look into further before closing.

I am not trying to tell people how to litigate against someone. Just provide the buyer with information they can use when deciding to buy a home.

What Documents Should a Buyer Keep Ready for Legal Review?

Buyer should furnish all the paper he has received from Seller / Builder / Developer / Broker and should not pick and choose what looks favourable to him.

Following are some of the documents which could come handy while going through Legal Audit:-

  • Sale Deed/Conveyance of the property held currently.
  • Old Title Documents.
  • Agreement to Sell if any.
  • Mutation Record / Khata extract
  • Property Tax receipts.
  • Building Plans (approved).
  • Completion Certificate/ Occupancy Certificate if applicable.
  • Allotment letter & Possession Letter in case of Projects.
  • Documents in case of RERA Projects.
  • Inheritance/Will/Probation/Succession Documents if applicable.
  • Power of Attorney if any person is holding Power of Attorney from Owner.
  • Loan closure/ release documents if any.

The above list may vary as per cases but more the papers you give me better the audit I can do for you.

Can Property Verification Protect Buyers From Every Future Dispute?

There is no attorney who will tell you that you will never have an issue with a property.

The purpose of doing legal due diligence is to uncover as many issues that we can find through research of information we can gain access to. Sometimes issues occur due to omitted facts or just plain circumstances that happen after the sale has been completed.

It's important to know that doing legal due diligence on a property is there to help eliminate these risks.

When Should You Hire a Property Lawyer Before Buying?

Hire a attorney to look over things before you buy/pay a lot of money. If any of these apply to your situation:

  • title chain is long
  • home is inherited
  • family members are involved
  • there is a power of attorney
  • seller has told you there is a loan on property
  • property has been sold many times
  • home is being built
  • previous docs are not available from seller
  • home description does not match all documents
  • its a large amount of money(savings/investment)

It's always best to have your attorney see the title before you purchase. It gives you the ability to make a better informed decision.

Why Hire BK Singh Advocate for Property Document Verification?

Never play around with documents while purchasing property.

We at BK Singh Advocate / Property Lawyer Delhi will provide legal services related to your property. Like looking into documents, Title issues, questions related to buying/selling property etc.

If you want someone to look through the documents for you before you proceed further.

Our work is simple we will not fill you up with all kinds of information what doesn't matter. We will make sure you know about all the documents, chain of possession and if there are any visible loopholes and queries.

There are many instances when people buying property in Delhi NCR, Noida, Greater Noida Ghaziabad, Gurugram, Faridabad or any part of India may want Legal Advice on property.

You can check out our Property Lawyer Delhi website to get property legal assistance.

If you want us to check on the documents you have and tell you where you stand.

What Can a Property Lawyer Help You Check Before Purchase?

A lawyer will look at the sale with more in depth when it comes to any risks with the purchase.

They can go through the title, chain of ownership, authority of seller, any encumbrance issues, succession, registering and any flaws with the sale.

They will also advise if there is any further documentation that needs to be collected.

Which in return allows you to buy with knowledge.

Frequently Asked Questions About Property Document Verification

1. What Documents to Check while Purchasing Property in India

There should be at least current ownership paper and past few title papers which one should verify. Some cases you might require mutation papers, tax papers, approvals, encumbrance papers, succession papers, POA papers or project papers as well. It all depends on your property and the case study of the property.

2. If property is having registered Sale Deed is it safe to buy?

Sale deed is one of the ownership papers which we always look into while checking property title. But there can be circumstances when you will have to go through previous ownership details and other related documents as well. You should consult with BK Singh Advocate regarding your documents before purchasing property.

3. How should I check my Title before buying house.

One should verify documents and know about sellers claim on ownership. If there are any visible legal issues they will be pointed out through this process. Its always better to know these issues before making payment or registering your documents.

4. Will the Mutation Paper show that I own the property.

Mutation papers are good for checking record with concerned authorities. Depends on property it can be used as revenue records. But it should not be considered as the ownership paper always. We need to see all ownership papers to confirm the title of a property.

5. Should NRIs verify documents while purchasing property.

NRIs can opt for property verification services by hiring an advocate. Its always advisable to verify property before making any amount towards purchasing it.

6. What to do if seller does not provide me earlier documents of property.

If seller is unable to provide you older papers you should proceed with caution. Why he does not have those papers? Can he establish the ownership title through other means? Talk to an Advocate like BK Singh what papers he should ask you to verify before you go ahead with purchase.

7. Is Registering Property papers enough to show you have clear title.

Registering your property shows that the paper has been registered and valid. There can be certain situations where the papers can be defective even after registration. Its best practice to check all previous records of the property before purchasing.

8. Can a property lawyer help me verify my documents before I sign an Agreement.

Definitely you can get your documents verified before signing an Agreement to Sell. You have more flexibility to look at your documents and take action. What you can verify depends on what documents are given to you.

9. Do I need property lawyer for buying my flat?

Yes if you are buying your flat from builder or its value is on higher side. There are various documents associated with buying a flat. Your lawyer should verify them before you purchase the flat.

10. Why I should contact BK Singh Advocate while buying property?

Buying property involves large amount of money. Having an Advocate / Property Lawyer Delhi verify your papers will enable you to know if there are any issues. So that you can proceed with the transaction with proper information.

Final Thoughts: Should You Verify Property Documents Before Paying?

Yes. Always ensure property documents are verified before you decide to buy any property.

Property may look good. Seller may look genuine. Price may seem reasonable. All of them can't substitute proper knowledge of property related matters.

Advocate BK Singh can help all such people who want to buy a property in Delhi NCR and other parts of India and want some help related to their property documents and issues if any.

So if you want to know more about your property then you can take assistance from Property Lawyer Delhi to clear out all your property related legal formalities.

Author Bio

BK Singh Advocate works as an advocate under Property Lawyer Delhi who provide you suggestions regarding Documents for your property. Be it any query related to your Title or Owner Ship of Property. If you want to buy property or just want to know more about any issue concerning your property we are here to help you. Whether its buying a house land any investment related property or family property Advocate BK Singh will assist you in knowing all Documents and risks that comes while buying any immovable property. Property Lawyers in Delhi NCR & rest of major cities in India.

There's no reason for concern. There is no difficult-to-understand legalese.

Someone who has helped many people with the same problems gives you clear, honest advice. We want to make the legal process easy to understand and use for everyone.

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