Introduction
- Investment in land and property is a growing trend in India, as more and more people spend a lot 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 can be purchased by anyone on any occasion. Ownership of a property means the individual possesses the absolute right to sell, use, or rent it.
- 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.
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What is the meaning of Property Verification?
During the transaction of a property, home loan, or mortgage of any land or estate, it is necessary to check 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.
Property 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 lawyers scrutinize the seller’s rights, and the stamp duty paid is checked.
How to Do Property Verification Online?
Step 1. Visit the Appropriate Government Portal:
Go to the website of the relevant state government agency as your first step. There are various online platforms for different states; you should select the one that applies to you. MeeBhoomi for Andhra Pradesh, e-Dharti Geo Portal for Delhi, Bhoomi Online Portal for Karnataka, and so forth are a few examples.
Step 2. Search Property Records:
To search for property records, go to the section of the website that corresponds with your need. Usually, you’ll need to give some specifics about the property, including the property ID, village, zone, or circle.
Step 3. View Property Details:
Following the submission of the necessary data, you will have access to the property’s details. This contains details on the property, including the owner’s name, the property’s dimensions, its market value, and any liens or loans that may be attached to it.
Step 4. Verify Property Ownership:
Make sure that the seller’s name corresponds with the owner’s name as it appears on the website. This attests to the fact that the seller is the legitimate owner of the property.
Step 5. Examine for Encumbrances:
It’s crucial to confirm that there are no encumbrances on the property, such as liens or mortgages. The purchasing procedure could be more difficult if the property has liens.
Step 6. Download and Save the Records:
Download a copy of the property records for your files, if the website permits it. This could come in handy in the buying process later on.
List of Appropriate Government Portal for Checking Online Property Records
What are the Fees for Property Document Verification?
- Government Fees: Government fees are required for several documents. For example, obtaining a certified copy of a registered document or an encumbrance certificate from the sub-registrar’s office will cost money.
- Fees for Online Verification: A small fee may be assessed by certain state government portals for the online verification of real estate papers.
- Notary Fees: There would be a notary fee if documents needed to be notarized.
- Additional Fees: For courier services, document photocopies, and other incidentals, there can be additional costs.
When Should You Verify the Property?
It is impossible to overestimate the significance of title verification as a step in the property purchasing process. The following are some significant situations where property owner verification is required:
1. Verify Property Documents Before Purchasing a Property
In most cases, property verification is necessary in this situation. Make sure the seller is the property’s legitimate owner, that the property is free of liens, and that it conforms with all applicable laws before making a purchase.
2. Carry out Property Paper Verification if You are Inheriting a Property
It’s wise to check the paperwork if you’ve inherited a property to make sure you are the rightful owner and that there are no outstanding legal issues pertaining to the same asset.
3. Verify Property Documents Before Taking a Home Loan
Before accepting a home loan, banks and other financial organizations frequently verify the property to make sure it is legally solid and to protect their investment.
4. Verify Property Ownership Before Renting or Leasing a Property
Verifying all of the property documentation if you intend to rent or lease a property might help you confirm the landlord’s ownership and prevent any future legal problems.
5. Do Legal Verification of Property Before Investing in One
Property verification is essential if you’re an investor purchasing real estate for commercial uses, like renting it out or selling it, in order to ascertain the investment’s legality and prevent any potential legal issues.
6. Do Land Document Verification Before Converting Agricultural Land
It’s important to check the property to make sure the conversion is permitted legally if you intend to turn agricultural land into residential or commercial space.
What are the Benefits of Property Document Verification?
There are several benefits of conducting thorough property verification.
1. Risk Reduction:
It lessens the possibility of being conned or slipping into legal pitfalls.
2. Ownership Verification:
It aids in proving that the vendor is the property’s true owner.
3. Transparent Transaction:
It guarantees the legality and transparency of the real estate transaction, averting future disputes.
4. Peace of Mind:
Investing in a secure property ensures that your hard-earned money is placed in a legally sound and dispute-free asset.
Documents Required for Legal Verification of a Property in India
There are various documents required for the legal verification of a property. These are:
1. 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.
2. Sale 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.
3. 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.
Refer to our detailed guide on Power of Attorney in India for a comprehensive overview.
4. Will/Testament:
A Will is a legal document that states the intentions of the property owner. It states the distribution of their property along with their names and the name of the executor, who will have the extreme authority to take action.
5. Partition Deed:
Partition Deeds and Undisputed deeds are also required if any are available for legal verification of a property. Delving into the legal verification of a property entails scrutinizing various documents, including the pivotal Partition Deed.
Our detailed guide on the Partition Deed explores its meaning, format, and registration process, shedding light on its crucial role in property paper verification in India. Explore the significance of Partition Deeds in ensuring a seamless and legally sound property transaction.
6. Property Title:
The information on any ownership of the property is available with the sub-registrar at their office.
7. Mortgage Papers:
The buyer must be aware of any mortgages, and they should be legally verified.
To ensure a thorough understanding of verifying mortgages, refer to our detailed guide on How to Ensure Your Dream Property in India is Free from Mortgage Liabilities.
8. Encumbrance Certificate:
It is issued when the property involved is liberated from encumbrance.
Refer to our detailed guide on the Encumbrance Certificate and how to get it offline and online in India.
9. Property Tax Receipts and Recent bills:
The most recent bills and taxes paid must be presented with original documents.
10. Khata Extract / Khata Certificate:
Various documents are necessary according to the state, case, and property mentioned
11. Sanctioned Plan and Built-up Area:
A sanctioned plan has been sanctioned by the government, and a built-up area is where actual construction on the property takes place. If there is a difference between these two, it might create trouble.
12. Relinquishment Deed:
A relinquishment deed is a legal document that surrenders ownership, title, and rights from one party to another. Relinquishment deeds are most commonly used to transfer ownership rights in a co-owned or co-inherited property.
People Also Read: Unveiling the Gaps: The Limitations of Legal Checks by Banks in Property Deals
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, the same property is 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.
- If the legal verification of the property is completed, any false information related to properties can be avoided during loans and mortgages.
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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.
How will a Lawyer Help in Legal Verification of Property?
- Comprehensive Document Verification: To ensure that all property documents are real, a lawyer carefully reviews each one. This entails confirming the encumbrance certificate, sales agreement, tax receipts, and title deed, among other things. Their knowledge can reveal inconsistencies or missing documents that the average person would miss.
- Legal Opinions: Following a careful review of all the documentation, attorneys offer a legal opinion regarding the property. They identify any legal concerns that could affect the purchase and offer mitigation strategies.
- Interpreting Encumbrances: Legal assistance is required to obtain and interpret the encumbrance certificate, which is essential to proving that the property is free of debts or other legal matters.
- Verifying Law Compliance: They ensure that the property conforms to all applicable local, state, federal, and international laws, as well as construction and zoning restrictions. This is a crucial step to prevent any post-purchase legal issues.
- Agreement Drafting and Review: To make sure the selling agreement is sound legally and safeguards your interests, lawyers help with its drafting. In order to make sure all terms and conditions are reasonable and unambiguous, they also go over the agreement.
- Help with Registration: They assist with property registration, ensuring that all necessary paperwork is properly filed and that the procedure complies with the law.
- Mediating Negotiations: To settle any legal disputes that may come up throughout the property verification process, attorneys can mediate negotiations between the buyer and seller.
- Assistance with Litigation: Should the need arise, your attorney may act as your representative in court in relation to property-related problems.
Property Documents Verification Lawyers In India
1. Name: Amit Kumar
- Qualification: LLB, LLM
- Experience: 12 years
- Specialization: Property Law, Real Estate Transactions, Legal Documentation
- Location: Bangalore
2. Name: Neha Sharma
- Qualification: LLB, Diploma in Real Estate Law
- Experience: 9 years
- Specialization: Title Verification, Property Disputes, Registration Services
- Location: Mumbai
3. Name: Ravi Patel
- Qualification: LLB, LLM (Property Law)
- Experience: 15 years
- Specialization: Legal Due Diligence, Land Acquisition, Property Verification
- Location: Chennai
4. Name: Anjali Verma
- Qualification: LLB, PG Diploma in Real Estate Law
- Experience: 10 years
- Specialization: Property Title Search, Real Estate Compliance, Lease Agreements
- Location: Delhi
5. Name: Vikram Singh
- Qualification: LLB, LLM (Real Estate)
- Experience: 8 years
- Specialization: Legal Scrutiny of Documents, Title Opinion, Property Law Consultation
- Location: Hyderabad
Property Document Verification Service in Other States of India
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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.
Property Document Verification Service in Other Cities of India
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Frequently Asked Questions on Legal Verification of Property Documents in India
Q1. What is the legal verification of property documents?
Ans1. Legal verification of property documents is the process of examining and validating all legal documents related to a property to ensure that the seller has the right to sell the property, that there are no outstanding legal disputes, and that all necessary approvals and clearances have been obtained.
Q2. Why is it important to verify property documents before purchasing?
Ans2. Verifying property documents is crucial to avoid legal disputes, financial losses, and issues related to ownership. It ensures that the property is free from encumbrances and is legally sound, providing peace of mind to the buyer.
Q3. What are the key documents required for legal verification of a property?
Ans3. Key documents include the title deed, encumbrance certificate, sale deed, property tax receipts, building plan approval, and any NOC from relevant authorities. These documents help confirm the legal status and ownership of the property.
Q4. How can I verify the title deed of a property?
Ans4. To verify the title deed, you need to check the ownership history and ensure that the title is clear and free from any disputes. This can be done by examining the records at the local sub-registrar’s office or hiring a legal expert to conduct a thorough title search.
Q5. What is an encumbrance certificate, and why is it important?
Ans5. An encumbrance certificate is a document that certifies that the property is free from any legal dues, mortgages, or encumbrances. It is essential to ensure that there are no pending financial liabilities or claims against the property.
Q6. Can I verify property documents online in India?
Ans6. Yes, many states in India offer online portals where you can verify property documents, check land records, and obtain encumbrance certificates. However, it is advisable to consult a legal expert for comprehensive verification.
Q7. What should I do if there are discrepancies in the property documents?
Ans7. If discrepancies are found in the property documents, you should seek legal advice immediately. Resolving these issues is critical before proceeding with the transaction to avoid potential legal and financial problems.
Q8. How does legal verification help in getting a home loan?
Ans8. Legal verification is often required by banks before approving a home loan. It ensures that the property is legally clear, reducing the risk for the lender and making it easier for the buyer to secure financing.
Q9. What are the risks of not verifying property documents properly?
Ans9. Failing to verify property documents can lead to legal disputes, financial losses, and the possibility of buying a property with unresolved legal issues, such as ownership conflicts or unpaid dues.
Q10. Is it necessary to hire a lawyer for property document verification?
Ans10. While you can conduct a basic verification yourself, hiring a lawyer is highly recommended. A legal expert can thoroughly examine all documents, identify potential issues, and ensure that the property is legally sound and safe to purchase.
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