Purchasing realty property can be a costly business and it is a chance in a million to buy a property without financial support. It hence necessitates to take precautions and ascertain that the labored money rolled into such property is not only secure but safe to the maximum limit.
This accentuates the desire for a fitting due perseverance. In addition, a buyer needs to be vary of the following primary legal documents prior to buying an immovable property:
- Original Title Documents
The title documents refers to the surge of title degeneration from one owner to the other and concluding with the present owner/seller who is selling the property. In the event of the original title documents not being with the seller, then there is probability that the title documents are submitted to banks/financial institution for the objective of building of mortgage and the same also has to be confirmed by the buyer.
- Search Document
The title search report is often released by the search clerk once searches in the offices of the concerned sub-registrar of assurances have been conducted, to validate the fields on record with respect to the property in question and by integrity of that, one can track of the course/devolution of title as listed aforementioned. Also, the search clerk communicates, if there is any Lis Pendens (pending litigation) notice recorded with the office of concerned sub-registrar of assurances.
- Title Certificate
The issuance of the Title Certificate is done by an Advocate depending upon the Title Search Report and the title documents validated by the Advocate in terms of the subject property. The Advocate should classically also look for in the respective Courts as to if any litigation remains with reference to the respective property. This kind of a certificate should also envelop the claims, if any received, in response to the public notice discharged in the local newspapers, to be issued, one in English and other in the Regional language.
- No Due Certificate
No Due Certificate is given by banks/ financial institution once the loan is paid back and charge/mortgage is cleared by banks/financial institution, so that no claims are left by the Banks and to ascertain that the subject property is clear of any obstacle.
- Authorized Blueprint Plans
It signifies the layout plans of the edifice, which has been appropriately sanctioned/ endorsed by the respective qualified authority inclusive of the municipal corporation. In the event of the case fabric is not in respect of the authorized layout plans, then it is not judicious to buy such a property, because it is plainly indicative of infringement of the sanctioned layout plans and pertinent rules.
- Occupancy Certificate
The occupancy certificate is discharged by the corporation, which certifies that the concerned property/structures built up to appropriate storeys of the structure, can be occupied by the buyer. This suggest that the developer/quondam owner/seller has built the structure along the lines of the sanctioned layout plans and has also followed a sundry of other building standards and compulsions.
- Bills and Receipts
Current Property Tax bills, Electricity bills, maintenance bills along with the settled receipts should be corroborated, as the same elucidates about the arrears, if any, with reference to the subject property.
- For Purchase of Land
In case of buying of plot, along with some of the above listed documents, one must also certify (i) 7/12 Extracts: This document is indicative of the name of the owner, the name of the person having other rights such as, lessee/mortgagee, the area admeasurements and cultivation in the land, and/ or (ii) Mutation Entries: This document registers entries with regards to devolvement of the title with respect to the subject property.