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A Layman's Guide to Determine the Authenticity of Land Documents
After months and sometimes years of search, buyers identify plots or lands that fit their need and budget.
Even while the Buyer is happy with the property , it’s location and price, the authenticity of the Documents and Genuineness of the Seller are two issues about which there may be nagging doubts in the minds of the buyer. This is so because of the many reports of wrong doings in the field of Real Estate transactions. So, before finalising the deal, its always better to get clarity on these two issues. This Article is an attempt to shed light on some of the issues that are involved in the process.
Earlier Procedures in Registration gave scope for many wrong doings
Legal Opinion is not the only thing
The issues we intend to highlight are
There is no simple method to go about
Field Inquiry has no substitute
The first thing one should do after identifying the plot is to visit the site. Better if the Buyer takes a few persons with him/her. He/She should take the plot or layout sketch. He/She should spend some time on the site.
See that the Property you are seeing is the same as marked in the Sketch.
If possible open a dialogue with the neighbours or any passersby or onlookers. This may provide some valuable info about the property.
The buyer would have visited the place of the Seller at least once. Try to gather more info about the Seller from sources in that area. If any negative info is confirmed at this stage, the proposal can be dropped then itself.
Info collected at the site or elsewhere should be verified with the Seller. For eg, if someone says the place has some court cases pending, the issue can be clarified with the Seller. If it is true we can drop the proposal at the outset. It should be borne in mind that there may be negative news spread by some vested interests.
If the Plot has no boundary markings, insists on the boundaries to be marked by the Seller. If there is no fencing or compound wall it’s better if the fencing is done.
1.Double Documents and Duplicate Documents.
2. Genuineness of the Seller
Apart from impersonation by outsiders, inside a family there may be attempts , to make some one other than the actual owner to sign the documents. It may be brother or sister etc..The reason may be many. The person may be out of the place, or sick or many more. This may give rise to problems in the future. Check the Id proof thoroughly.
3.Common Errors in the Documents
In Tamilnadu, the Land Registry was updated and UDR patta issued in the 1980s. Many clerical errors would have crept into the Data. Even otherwise, at the time of Registration, there can be many errors that may creep into the documents. Some clerical errors commonly found are in Father’s name, Sub-division number, etc… These mistakes can be detected if one takes time and go through the documents carefully. Corrections should be carried out before executing the Deed.
5.Bank Attachment Properties or Mortgaged properties.
Any proposal for acquisition of Land by the Government also will not find a place in the EC. To know about Land Acquisition proceedings if any, visit the concerned Departments. For eg. any proposal to expand a Highway will be available in the concerned office of the Highway.
7. Restricted Plots/Lands
In this connection, we would like to emphasis Meeting the Village Administrative Officer (VAO). He will give more historic background to the property.
To sum up
Land is one of the best investment options, but with some risks! Be aware of the risks!Wish you all the best!