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Legal aspects to be considered while buying a house

Posted by radhika I 28 January, 2010 archives  3

Owning a house is an important thing in one’s life-but there’ve been instances of several unlucky buyers who were conned by fraudulent real estate agents. One needs to be careful while buying land/house to avoid falling into legal hassles. A lot of care is needed from the beginning- right from site seeing till the registration of the land. The legal status of the land is one of the first issues that you should address before confirming a property.

Before buying a land, a number of checks need to be done to confirm that the land has a clear and marketable title. The first thing is to find out the tenure, legal right of the holder of the land in government records. The tenure or possession right could be freehold, leasehold or may be held under a government grant.  The seller should provide all the necessary documents to the buyer. I have listed few important checkpoints which you should consider while buying a property,

Title deed

The first step is to see the legal document of the land which you are going to buy. Confirm whether the land is in the name of the seller and that the full right to sell the land lies with only him and no other person.

Tax receipt and bills

Property taxes which are due to the government or municipality are a first charge on the property and, therefore, enquiries must be made in government and municipal offices to ascertain whether all taxes have been paid up to date.

Encumbrance Certificate

Before buying any land or house, it is important to confirm that the land does not have any legal dues. It is available as a certificate called encumbrance from the sub registrar office where the deed has been registered, stating that the said land does not have any legal dues and complaints.

Measuring the land

It is advisable to measure the land before registering the land in your name. Ensure that the measurements of the plot and its borders are accurate. You can do this with the help of a recognized surveyor. This will avoid a lot of problems in the future.

Agreement

Once all the matters, financial/otherwise are settled between the parties, it is better to give an advance and write an agreement. The agreement can be prepared by a lawyer and should be signed by both the parties and two witnesses. After signing the agreement if one of the parties makes a default, the other party can take legal action against him.

Registration

The land can be registered in a sub registrar office, after preparing the legal document including all the relevant information. You could get the legal document written by a government licensed Document writer. After registration, the registered document will be received after 2-3 weeks, from the registrar office.

Changing the title in Village office

The whole legal procedure of buying the property will be complete only if the new owners name is added in the village office records. An application can be made along with the copy of the registered deed to the Village office to get this done.

To avoid legal hassle after buying any property, it’s always good to be proactive to check all the above legal parameters while buying any property. I am sure that now you know what are the legal rights and information you’re entitled to access while purchasing a land. Hope to see knowledgeable and prospective buyers.

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3 Responses to “Legal aspects to be considered while buying a house”

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