Nov 21

Important Checklist to know before buying a land or plot

Your land is your dream, an investment made by saving little by little over a period of time. So it is important that you check all the required documents at the time of buying your land to ensure that you buy your land with all the necessary approvals in place, with no litigation or legal dispute related to it. Here’s a checklist of the necessary documents

Check the Sales Deed– Make sure that the person selling the property is the rightful owner and has the right to sell the property without the consent of anyone else. It is advisable to get the original deed checked by a lawyer for legal confirmation.

Check Mother Deed – In situations where the property has had more than one owner, it is necessary to check the parent document, Mother deed. It is an important legal document that traces the origin of the ownership of the property from the start (if the property has had various owners). It records every change in ownership of the property until the current owner.

Release certificate – When the land in question is held in partnership. It is necessary to get the release certificate from all the other persons owning that land in partnership.

Verify Pattah and Encumbrance Certificate – Patta is a legal document that contains the details of the legal owner of the land in whose name the property is registered at the registrar’s office. It is necessary to check encumbrance Certificate for at least 30 years, to ensure that the land is free from legal dues and that it does not have any legal dues and complaints.

Tax Receipt and Bills – In case the land had previous owners make sure that the previous owner(s) have cleared all dues like property tax, electricity bills, water bills etc. and there is no outstanding payment. You can get the details from the government and municipal to confirm all the tax receipts and bills are duly paid

Check for Land Approval – The land should be approved by the designated authority. In Chennai, land can be approved by DTCP or CMDA. Copy of the approval can be obtained on payment of Nominal Fee.

Acquire Release certificate – In case of resale of land, it is possible that the owner has mortgaged the plot for a loan. So it is necessary to make sure that the bank has given a release certificate. This indicates that loans on the property have been paid.
Verify the Land dimensions – It is important to measure the land. Get the sketch of the land from the survey department and with the help of authorized surveyors measure the land accurately to ensure that the dimensions are as per the records.

Check conversion and Land-user permissions – Due to increasing urbanisation, many times agricultural properties are acquired for non- agricultural causes. Check the Master Plan and confirm that the property has been developed according to the zoning plan

Check the Building approval plan – For purchase of apartment or land with constructed building, check the building plan / layout plan sanctioned by the local municipal authorities. Also the approvals for providing infrastructure facilities, water, sewage, electricity, environmental clearance, fire safety approval, etc.

Check for road Gift Deed – Verify the gift deed for the roads and park area of the place. They have to be handed over to the local governing authority through a gift deed, which will then be responsible for their maintenance.

Conclusion: Once all the required documents and approvals have been verified, enter into an agreement with the seller. Prepare a legal agreement with the help of a lawyer on stamp paper mentioning the cost of the sales, the advance given and the time span for the completion of sales. Once the entire sales amount is remitted by the buyer the ownership transfer has to be registered. It is necessary to register with the Sub-Registrar of Assurance under the provisions of the Indian Registration Act, 1908 within four months from the date of execution of the document. All the previous deeds, house tax receipts, original title deeds, etc. along with two witnesses are required at the time of registration.