Legal Guide

Why is it suggested to take legal opinion for a property?

by Bhavya Choudhary · 3 min read

Legal opinion on the property

Introduction

When an individual invests in a property, it is more than simple possession. There is numerous paperwork involved which can be challenging and complex for a layman. The process may be complicated to follow up, so it requires a legal opinion for the property.

Not every individual can be conversant with the wide array of laws safeguarding the transactions related to a property. There is a huge part of your income and life savings invested in buying a property which is also a substantial future investment, so it becomes necessary to take legal opinion for the property.

It is always logical to take a second legal opinion for a property from any property expert lawyer to attain the satisfaction of due diligence.

Legal opinion for Property title and marketability

  • The buyer must ascertain that the seller of the property has a clear title. This matter is very crucial and also very complex the legal regulations state that the originator should purchase insurance for the title of the property.
  • This can help safeguard the buyers against any damage, claim, or defect in the property title.
  • There can be defects in the land where the construction took place or any existing loans or easement ownership of property that is not uncovered until it is investigated in a precise manner.
  • The documents can be forged and fraudulent when they are handed over to the buyer. It is possible with advanced technologies to forge any document. It is very crucial to avoid such scams and take legal opinion for the property or online legal advice before agreeing to settlements.
  • Taking a legal opinion on the property will help the buyer to ascertain that the buyer has complied with every law regarding their property. Many properties have not been approved for any occupancy license due to non-compliance with laws imposed during the construction or planning of the property.

Legal Opinion For Property Documentation And Purchase Authorization

  • The buyer has to go through loads of documentation to purchase a property. A layman can be in a difficult position when preparing necessary documents as they cannot interpret any hidden clause or restrictive clause from previously purchased agreements. 
  • The occasion of freehold land, construction, or land acquired under lease needs legal assessment and can be done with the help of a property expert lawyer.
  • Taking the legal opinion of the property will not only clear queries but safely help in clearing transactions to avoid further disputes.
  • It is seen that a vast number of property buyers do not consider taking a legal opinion on the property. They do not take lawyer help or online legal advice for drafting the land documents. Brokers are usually asked to prepare the agreement, and it is done standardly where the details are not even altered accordingly. 
  • They can simply alter an old agreement and miss out on peculiar issues. The extra money spent on a legal opinion for property may save you from a bigger layoff in the future.
  • Initial guidance will help a person in taking home loans which include many clauses regarding prepayment and installments. The charges for shifting, fixed rates, etc., and preparing the land documents.

Legal Opinion for Property Stamp Duty and Income Tax

  • Certain stamp duty charges are to be paid when a buyer purchases a property/land.
  • Stamp duty charges vary from one state to another. These are also known as circle rates and are applied to transactions on immovable property. There are ready reckoner rates, which act as the standard rates through which the stamp duty to be paid is assessed.
  • Rebates are made according to the property age, which is either on a freehold or leasehold land. Similarly, certain deductions are also allowed if the building does not have a functional lift.
  • Taking a legal opinion on a property will help the buyer avoid paying higher stamp duty on properties that do not fall under the category as defined by law. 
  • Being aware will ensure legitimate payments. The seller has to pay the required capital gains tax unless the difference does not exceed 5% of the agreed value.
  • The buyer also has to clear the required tax amount under Section 56 (2) (x) on the discrepancy that is above Rs 50,000 or 105% of the agreement value/ stamp duty amount.
  • This complex nature of tax implications is very crucial and should be handled with adequate knowledge of the matter. One must consult a lawyer to get a legal opinion on property taxes and stamp duty rates. This can benefit the individual in the long run as this helps in saving money and property interests.
  • The individual is inclined towards making the right decisions when they take legal opinion for property issues which may be a difficult approach for the layman.

Legal opinion for ensuring approvals

A majority of buyers and sellers are not familiar with the civil authorities’ approval that is necessary for owning a property and occupying it. Legal opinion for the property from a competent lawyer will ensure the review of the recheck of the civic approval assessment when buying any property.

The different kinds of documentation, such as a building plan, flooring plan, structure plans, NOC certificates, and similar approval documents, are negligently handled by the parties. A proper legal opinion for the property will ensure that you don’t face any complications while purchasing or occupying the property.

Conclusion

The buyer, as well as the seller, must take legal opinion for the property before purchasing or selling a property to ensure that all documents and approvals are thereby in accordance with law provisions.

There is a chance of a clause being misinterpreted or complex, and one should seek legal consultation to ensure efficient transactions regarding the property.

Bhavya Choudhary

Written by

Bhavya Choudhary

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