When you are planning to buy your first property there are many things which need to be verified and the biggest concern for most people is that "Is my property legally clear?" Yes it could be a flat, plot or a house which you have purchased but there might be some pending title issue. Missing documentation, pending dues, disputes or non approval etc.
So what should a buyer look into when he is purchasing a property? He should verify who is the owner of the property and does he hold a valid right to sell that property. Whether the property has been bought and sold previously and if yes are those records available. Are there any disputes or liabilities that are attached to that property?
There can be properties from DDA, MCD, Noida Authority, Greater Noida Authority and Ghaziabad Development Authority as well. Property bought from a builder project can also be purchased by an individual. There are leasehold and freehold properties or property that you inherit from your father or relatives. Or property being transferred by power of attorney.
Advocate BK Singh verifies all these points before you invest a huge amount of money on a property. So that there are no hidden surprises waiting for you down the line.
Always check on the property if you are buying for the first time before making hefty payments or agreeing to any document. When a document is registered it does not clear all the issues relating to the property.
There could be a missing link in the chain of title, succession, loan, litigation, authority, encroachment, pending dues or mismatch between the document and the property.
If you are buying with your family's life savings then such problems can lead to bigger consequences. Disputes on the property can take years.
Knowing about these things will help you buy with confidence.
Checklist for safe property investment would cover Title & Possession of property, Seller's authority to sell, Past Documents, Encumbrance, Approvals & Transaction related documentation.
This can vary based on property and locality. For a Residential Apartment in Noida, certain things would be verified which can be different from a House which is inherited in Delhi or a Industrial Property in Ghaziabad.
Very basic question who is the seller and do they have the right to sell the property?
You should look at the ownership document of the seller and also see the past title trail. If there have been multiple transfers of property it may not suffice to look at just the last sale deed.
If it's a property inherited from someone make sure you know about all the legal heirs and documents associated with that.
Buyer should be aware of how the seller got the property in his name.
Based on the circumstances it can be any of the Sale Deed, Conveyance deed, Gift deed, Partition deed, Succession Certificate / Letters, Release Deed, Will and so on.
Lack of information at one point may cause trouble in future.
Buyer should be aware if there is any Mortgage, Charge, Attachment, Earlier Transaction or any other encumbrance attached to the property.
Again this can depend on type of property and location. Your Lawyer can help you find what should be checked and not rely on one certificate or what the Seller tells you.
Make sure all names and addresses are the same in all the documents. See if description of property matches. Area, Boundaries, Survey Numbers etc.
Don't jump to conclusions that something is fishy if you see some discrepancies. But yes you should be sure of it before making a transaction.
There are many more approvals that need to be looked into depending upon what you are buying.
Approvals from building authority, Sanctioned plans, Type of Land usage, Permission from Authority, Completion Certificate etc. This can again vary from one property to another.
In India there are many acts that play a role when buying a property and not just one act to check your property.
The transfer of property act 1882 gives some basic guidelines about transferring a property. And the Registration Act 1908 states which documents need to be registered and how they are to be registered.
There could be Acts relating to Succession or Stamp Acts or town planning Acts or Municipal Acts or various Authority Acts that could apply to your situation as well.
When you buy a property for the first time its best to know what documents to check on that particular property and not learn all acts.
Yes. Registration should never be looked at as a 100% guarantee that all defects of title or otherwise have cleared.
While there are documentary and evidential benefits that come from the process of registering your purchase. You should still look into the sellers title, previous owners, if they had the power to sell the property and any encumbrances or others issues.
This can be very beneficial to those purchasing property for the first time.
There can be many documents which would need to be looked into during the course of the legal opinion. Some of which include:
This is just a sample list, keep in mind that you may need different set of documents based on the kind of property you are buying. Free hold, lease, succession, builder property, authority allotted property etc
The role of a Property Lawyer will enable you to find such issues prior to you entering into a financial obligation with the seller.
You can have your documents arranged properly and check title history. Any obvious discrepancies, risk involved in the deal and what you should clear before moving ahead can all be found out through a legal opinion.
If you are buying your first property it might come in handy as everyone selling to you will try and tell you about it from their point of view.
I am Advocate BK Singh and my expertise is in helping buyers find out about the legal implications of buying a property in Delhi NCR or any other part of India depending on what documents/facts are provided to me.
It is advisable to get some one who will check on behalf of you as a buyer.
We can check on the documents provided and point out to you regarding apparent title, possession, documents and concerns regarding your transaction.
There can be many situations when you need to understand more about the title of the property. Properties transferred between multiple sales or acquired by way of succession, co ownership, allotted by authorities etc.
Can be helped by getting these checked by a professional.
When you purchase property in Delhi, Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad etc. you might have to deal with various authorities and properties can be acquired through different ways.
Knowledge regarding local transactions can assist you with what documents you have at hand.
You will need someone to guide you on the documentation side.
When buying property for the first time one is usually unaware of what documents should be verified. Or what things should one question before going ahead with the purchase.
BK Singh Advocate can help you get some documentation knowledge prior to your purchase.
As soon as possible is best but before its hard to back out.
Its best if this can be done before a large non refundable dollar amount has been paid. Or any major documents pertaining to the transaction have been signed or you continue under the assumption that the sellers documentation will suffice.
Any document you have been given by the seller, builder or broker can be used as a baseline for this to occur.
Once something has gone wrong you will have more issues.
It does not necessarily mean that all transactions have to be stopped.
Some may be able to be cured or amended with documentation. Some will show cause for further title/ownership issues.
This will depend on what is discovered. What documentation is at hand and where you are at in the transaction.
Your property attorney will be able to advise if it is something simple or will need more documentation or may require you to proceed with caution.
Property Lawyer Delhi
if you wish to consult an expert before buying your Property.
It could apply to any of the following scenarios.
We will not ensure you any result but will tell you what does your document state, what queries you should ask and do you need more verification.
BK Singh Advocate will guide you if you wish to buy property.
Yes property verification will allow the first time buyer to know about ownership,title,documents & transaction related issues prior to investing big amounts. This can vary based on what kind of property it is where its located who has owned it before and what documents are available.
Yes registration of the property deed is one aspect of buying property but one must still look at the sellers title past owners of the property and other documents. BK Singh Advocate can go through the available documents and point out any obvious legal issues.
No one document will safely answer all your questions regarding ownership. You should look at the current title document with previous documents that establish the chain of ownership and other documents as may be applicable.
Ideally yes getting your documents reviewed prior to paying large sums will allow the buyer to address any concerns. This varies from deal to deal depending on documents and how the deal is being done.
Yes inherited property may call for looking at succession documents previous owners of the property and how the seller came to own the property. BK Singh Advocate can look at the documents you provide and let you know where you may need more clarity.
Yes some properties may call for looking at documents from different development authorities and localities. Always keep this in mind when buying property in a particular area.
Yes depending on the situation the property lawyer may look at allotment papers builders documents payment receipts, possession letter and other documents pertaining to that particular deal.
Do not overlook any discrepancy in the documents. First understand the context of the discrepancy. Some discrepancies may seem minor or be explained but others may call for more in depth answers. Speak with Advocate BK Singh to see what he can tell you from the documents at hand.
A broker can give you information about the transaction but its always better to have someone look at the documents from a legal standpoint. If your interested in property from a legal stand point speak with Advocate BK Singh.
You should never rely solely on pictures while buying your first property. There are many things to look out for.
Here is a basic checklist you should follow when buying any kind of property. From checking the ownership to title, papers, charges, approvals and other things which should be taken care of while dealing in properties.
Buying a house in Delhi, Flat in Noida, Plot in Greater Noida or anywhere in India. You can consult an advocate to know more about what you are buying.
Property Lawyer Delhi Advocate BK Singh can help you in verifying your property related documents if you are looking to buy any property.
Property Investment Safety Checklist for First-Time Buyers, What Should You Check Before Buying Property?
Why Should First-Time Buyers Take Property Legal Verification Seriously?
What Should a First-Time Buyer Check Before Purchasing Property?
Is Seller the Owner?
Are you aware of the past title?
Is property free from Encumbrances?
Are the Documents authentic and in tandem with each other?
Are there any approvals which I need to check?
Which Legal Framework Applies to Property Due Diligence in India?
Could a Registered Property Still Have Legal Problems?
What Documents Should First-Time Buyers Ask For?
How Does a Property Lawyer Help a First-Time Buyer?
Why Should You Hire Advocate BK Singh Before Buying Property?
Want a third party to look into your deal before you make a payment?
Do you doubt if the seller has clear title to the property?
Buying property in Delhi NCR?
Its your first home that you are buying with all your hard earned money?
What Is the Right Time to Consult a Property Lawyer?
What Happens If a Buyer Finds a Legal Problem Before Purchase?
How Can Property Lawyers Delhi Help With First-Time Property Buyers?
Frequently Asked Questions
Do i need property verification as a first time buyer?
If the sale deed is registered can there still be issues with title?
Which document should I look at to determine ownership?
Should I get a property lawyer to look at my documents before paying advance?
Can a lawyer look at an inherited property before I buy it?
Is there any difference in property verification in Delhi and Noida?
Will a property lawyer be able to look into a builders documents?
I found some discrepancy in the documents what should I do?
Will a brokers document review suffice?
Final Thoughts
Author Bio
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