Legal Guide

Legal Verification of Property In India

by Bhavya Choudhary · 3 min read

Legal verification of property

Introduction

  • Investment in land and property is a growing trend in India as more and more people spend loads of money on real estate, either for business or personal use. 
  • They invest their lifetime income and savings in purchasing land or property, so it becomes essential to do legal verification of a property. It helps the buyers to stay safe from fraud and forgery.
  • Property/estate can be tangible or intangible and is purchased by anyone for any occasion. The ownership of a property means the individual possesses the absolute right to sell, use or rent it accordingly. 
  • The transaction between a buyer and seller is crucial and should commence wisely to avoid complications in the future. 
  • Many documents are required to purchase and sell a property, and legal verification of a property makes it risk-free to transfer. They must follow the rules and regulations according to law provisions. 

What is the meaning of property verification?

During the transaction of a property, home loan, or mortgage of any land or estate, it is necessarily checked to ascertain the legal verification of a property with all its documents before commencing the same. It ensures that the property owner is free from any fraudulent activities in the future and does not fall into legal trouble if they acquire proper land documents.

The verification process

The individual who wants to do the legal verification of a property can approach a property expert lawyer with their matter, who will then make a report with the sub-registrar’s office for 12 years or 30 years.

After this report is verified and the lawyer can access the documents, they verify every document to ascertain the sale and title deed of the land. The seller’s rights are scrutinized by the lawyers, and the stamp duty paid is checked.

Documents required for Legal Verification of a Property

There are various documents required for the legal verification of a property. These are:

  • Deed of sale/sale deed: This is notably the most crucial piece of evidence in the purchase and sale of a property. It is the original document and is to be established as the original because it acts as proof of title ownership of property. It is registered with a sub-registrar of the location where the land is situated.
  • Sales agreement: The agreement of sale mentions every detail of the property, terms and conditions, date of purchase and sale, clauses, payment method and amount, etc. This document can be used to procure a home loan and during the purchase of a property.
  • POA (power of attorney): If an individual is acting on behalf of the owners, they must provide the original document proving the same. This is necessary to buy and sell a particular property under legal provisions.
  • Will/testament: A will is a legal document that states the intentions of the owner of a property. The distribution of their property is stated along with their names and the name of the executor who will have the extreme authority to take action.
  • Partition deeds and Undisputed deeds are also required if any are available for legal verification of a property.

The lineup of Land documents

  • Property Title: The information on any ownership of the property is available with the sub-registrar at their office.
  • Mortgage papers: The buyer must be aware of any mortgages, and they should be legally verified.
  • Encumbrance certificate: It is issued when the property involved is liberated from encumbrance.
  • Tax receipts and recent bills: The most recent bills and taxes paid must be presented with original documents.
  • Khata certificate: Various documents are necessary according to the state, case, and property mentioned

What are the advantages of legal verification of a property?

The owners can enjoy certain benefits acquired from the legal verification of a property. These are:

  • The legal verification of a property serves as a reminder and evidence that the property involved in the transaction is free of legal charges/lawsuits.
  • The legal verification of property makes it essentially efficient to procure loans against it.
  • The legal verification of a property gives the necessary assurance that the seller can make a transaction regarding the property as he owns the title.
  • Any kind of forced or fraudulent documents or activities can be avoided if the seller has done the legal verification of a property.
  • Many times it is seen that the same property is being circulated in transactions through the same seller who creates forged documents to deceive people. This can be circumvented if the legal verification of a property is properly completed, and they must take legal advice on such occasions of fraud.
  • Any false information related to properties can be avoided during loans and mortgages if the legal verification of the property is completed.

The situations where legal verification of land is necessary

  • The legal verification of property is very important when an individual is purchasing land or property for business or personal use.
  • When they are renting or leasing the property, the legal verification of a property can serve as a risk-free choice.
  • The legal verification of a property is required if the owners want to mortgage against it legally. 

Conclusion

Whenever an individual enters a deal or agreement, they must be aware of every document and clause presented, and the legal verification of a property should be done. This reduces the chances of risk and future disputes. They must consider taking legal advice on such matters as a layman might not be conversant with so many documents and legal regulations.

The process of buying and selling a property is a critical matter, so taking the help of a property expert lawyer can assure the owner of smooth and prompt transactions.

Bhavya Choudhary

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Bhavya Choudhary

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