Buying a house or land is considered as one of the most important investments made by an individual or family or business houses. Sometimes properties appear good when you see from outside. But there might be some dispute or ownership problems attached with the property which can affect you when you buy the property.
Location, price and construction of a house is what everyone thinks about while buying a house. But does anyone ask if that house is legally safe to buy?
Most of the time property disputes come to knowledge after paying money or signing the agreement or after registering. At this point you will have to go through a lengthy legal procedure and can result in monetary loss.
Legal verification before buying a property will help you to know about the ownership, documents and disputes if any which are associated with that property.
Property Lawyer Delhi helps people to buy property after knowing the legal issues related to that property and check for any dispute if present.
Why Should Buyers Identify Disputed Property Before Purchase?
A disputed property doesn't have to be in litigation. It could also have hidden defects due to ambiguous titles. Defective title deeds. Succession issues. Unpaid taxes, transfer done without authority. Claims by third party etc.
Once you have spent your hard earned money on buying a property many surprises can come up. Relatives may question you, previous owner may put in claims, there might be a litigation which will effect your possession.
By doing a legal checkup you will know what you are buying before making a deal.
Quick Facts About Property Dispute Verification
- Property can be disputed because of many reasons such as ownership possession, inheritance, documents etc.
- By checking the title you can find out if there are any ownership issues.
- There are various things you can check when finding out if there's any risk on a property. Court cases and documents.
- Sale Deed registration will clear off old disputes on a property.
- Can be helpful for all types of property whether its a house, shop or land you plan to invest in.
- Risk on a property depends upon the facts and circumstances and documents available.
What Does Disputed Property Mean Under Indian Law?
If someone has challenged on the right to own/ possess/transfer, documents and interest in a property then it can be termed as disputed property.
It can be from other owner/co-owner/heirs, seller, buyer, tenant, banks, builder or any govt department.
As a buyer you need to know that just because there is a registered document does not mean that the property will be free from any disputes. One needs to check about the history of property, previous deals and available records too.
Why Is Property Verification Important Before Buying Property?
Title search is important to know about your property before you buy. Title search will give you an idea if the seller is eligible to sell the property and if there are any issues with it in terms of legal.
Title search includes
Who are the owners and what was the title history.
Any sale deed and past papers related to transfer.
Any mortgage or dues against the property.
If there are any litigations/notice.
Any dispute regarding inheritance.
Any issue with the builder if its under construction.
Without a title search buyer can face issues while selling, getting loan, taking possession etc.
How Can Property Lawyer Delhi Help Buyers Before Purchasing?
Buying property without legal consultation can lead to unnecessary complications. Property Lawyer Delhi ensures our clients are aware of legal issues before investing heavily. Advocate BK Singh offers competent legal advice pertaining to review of property documents, verification of clear titles, checking for disputes and legal analysis prior to buying property.
We don't just look at the paperwork, we want our clients to be aware of the potential risk they could be facing with their decision.
What Documents Should Be Checked Before Buying Property?
List of Important Documents
Some of the important documents are:
- Prior sale deeds & title documents
- Title documents possessed by the seller
- Property tax receipts
- Mutation documents
- Approved plan and permissions(if any)
- Encumbrance documents
- Deeds/Agreements related to past transactions
- Court Notices/Legal Notices(if any).
Please note that the above list is not exhaustive. The documents required may vary depending on the type of property, location of property, nature of ownership and nature of transaction.
At Property Lawyer Delhi, we assist our clients by reviewing such documents based on facts and nature of the property.
What Legal Framework Applies to Property Verification in India?
Property laws in India vary based on how the property is owned, sold/bought, where located and in what kind of disputes. During a legal review, the property laws applicable to the title and documents involved in the transaction are analyzed. Some of the laws which may be relevant are Transfer of Property Act, 1882, Registration Act, 19 08, Indian Succession Act, State Act for regulation of land ownership and transcripts of law applied in civil courts with respect to ownership and possession.
Depending on the property, there can be other approvals to be checked like builder approvals, approvals from the relevant authority, development agreements, etc.
Legal reviews cannot ensure that there cannot be any legal disputes in the future but can allow buyers to know the possible legal predicaments that are known at the time of buying.
How Can You Identify a Disputed Property Before Buying?
A common question from Buyers How do I know if a property has a title issue before I buy it?
Answer: It starts with a thorough review of the documents, reviewing title and background of the property.
Typically a review will start with gathering what documents you can from the seller. The documents are analyzed to determine who has owned what and how it has been transferred along with any red flags.
Secondly, you want to review the seller's right to sell the property. If there are documents that do not match up with the owner or person in possession of the property, it could require legal resolution.
You also want to review any records of the property, court records that you can find, and transaction history.
What Should Buyers Check During Property Due Diligence?
Title Search
Ownership Title Search
Verifies that the seller owns a valid interest in the property.
Previous Owners
You can discover whether the property changed hands legally or if gaps occurred by researching prior owners.
Encumbrances
Loan/Clearance Title Search
Loans, liens, claims, or interests against a property could lead to issues for new owners down the road.
Buyers can research if there is any known liability tied to the property by doing a search of public records.
Pending or Previous Litigation
Properties can have litigation due to disputed ownership amongst family members, partnerships, probate, or prior contracts.
Buyers have the right to know about any potential litigation before buying.
Who Needs Property Dispute Verification Before Purchase?
Property verification benefits the following types of buyers:
Individual Buyers buying a home
Family Buyers buying a plot or house
Commercial Buyers buying shops or commercial space
Investors Buyers buying a property to resale
Buyers who buy property through inheritance or Transfer.
If you are buying a property for the first time then you are at greater risk. Many first time buyers simply take the information given by the seller or broker at face value and are unaware of legal implications. Seek an expert opinion from Property Lawyer Delhi to see if the documents provided to you allow for a safe property transaction.
When Should You Consult a Property Lawyer Before Buying?
When to take help of an advocate:
- Seller unable to show proper papers
- Property comes under any succession
- If there are multiple owners
- Property is resold number of times
- Any doubt regarding ownership or possession
- If seller seems too sweet with offers
- If its related to builder/society/development
It is always advisable to take help from an advocate before entering into an agreement or paying money. It need not be only when there is a problem.
How Does Property Lawyer Delhi Support Buyers in Property Matters?
You can hire an Advocate to clear your doubts regarding buying of property. This may help you in reducing risk and understanding what you could face while buying property.
Property Lawyer Delhi can help you check your Property Documents and know about title and identify any disputes if there are any and help you as Buyer in Delhi NCR and other parts.
BK Singh can help you check about any legal matters related to property by going through documents.
It all depends on what you have in hand. Checking your documents will help you find out the correct course of action.
Frequently Asked Questions
How to know if property is under dispute before buying?
By knowing the documentation properly and checking past ownership records you can find out whether any disputes may exist with the property.
Should i buy a property only if its registered?
It is wise to look at the ownership records as well while buying property. Registration is just one part of documentation.
Why should you hire a Property Lawyer Delhi ?
To ensure that your property is free from any documents issue , ownership issue or any disputes you can hire a property lawyer before buying a property.
If someone inherits property can there be a dispute?
Depends on various factors like how many people have claim over that property and succession.
What all documents should be verified before buying a property?
Depending upon what kind of property you want to buy sale deeds , ownership documents and other necessary documents should be checked.
Can a buyer buy a property which is in dispute?
If the property is under litigation then a lawyer should analyze it first because it can have impact on your property as well.
Will a property lawyer only verify documents?
Not only that he will make sure that there are no disputes related to that property . He will check about the background of property.
Is it necessary to verify property before buying?
You will be spending some amount on it so yes you can always check if its a good deal or not. Whether its residential or commercial property.
Can property be disputed even after buying a registered property?
If the property had a dispute before its owners sold it off to you then there is a possibility that dispute will follow you too.
How Advocate BK Singh can help me in buying a property?
If you want to know more about buying property you can consult him and get all information related to the same.
Final Thoughts
There are many things to consider while buying a property, not just location and price. When you have your property legally vetted you will be aware of more things before buying a property.
Issues with ownership, pending documents or other claims against the property can lead to problems in the future. Its always good to take help from a legal expert when you need it most and be aware of what could happen.
A Property Lawyer Delhi can help you with any legal concern regarding properties.
