Property Document Verification
Investment in land and other property types is growing in popularity as more people in India spend a lot of money on real estate, whether commercial or residential. It is vital to perform legal, due diligence on the property since people invest their entire lifetime of resources and wages into purchasing land or other real estate. Being shielded from fraud and forgeries benefits the buyers.
Anyone can purchase real estate for any motive, whether tangible or abstract. When someone owns the property, they are free to use, market, or lease it in whatever they see fit. The transaction between the buyer and seller is crucial and should be started carefully to avoid problems in the future.
Property verification – what is it?
Verifying a property’s legitimacy and ownership legally is the procedure of property verification. It entails investigating the property’s legality, including ownership information, liens, and any court cases connected to the property.
Before buying or selling a property, it is crucial to verify the property to ensure there are no liens, mortgages, or other legal issues preventing the property from being lawfully transferred to the buyer. A lawyer or other legal professional with experience in real estate transactions often handles the property verification procedure.
Property verification’s significance
Both purchasers and sellers of real estate must verify the property. Some of the factors that make property verification crucial include the following:
- Check for legal ownership: This verifies that the seller is the rightful owner of the property and has the authority to sell it.
- Prevent legal conflicts: Property verification aids in preventing future legal issues and complications such as ownership disputes, liens, and other encumbrances.
- The validity of property documents: Property verification aids in confirming the legitimacy of property deeds, title deeds, and other legal documents related to the property, such as gift deeds, among other documents.
- Prevent financial loss: By confirming that the property is free of any liens or legal problems that could subject the buyer to financial liability, property verification helps the buyer prevent financial damage.
Procedures for Property Verification
A person who wants to verify a property legally might get help from a lawyer specialising in real estate. The attorney will submit a report to the sub-office registrars for 12 or 30 years.
The attorney verifies each document to validate the sale and transfer of the land title once this report has been verified and they have access to the relevant paperwork. The solicitors review the seller’s legal options and certify that stamp duty was paid.
Legal verification could be time-consuming and challenging, but it is essential to ensure that a home loan transaction goes through without a hitch. The way the process appears to be is as follows.
- The borrower submits the necessary paperwork to begin the process.
- Original copies of the Purchase Agreement, Property Tax Invoices, and Floor Plans shall be furnished.
- The applicant may submit copies of relevant documents to start the application process; nevertheless, the applicant will need to show the original documents with the proper seals for the on-site technical verification.
- The lender then looks into legal options. Experts, including lawyers, examine the NOCs, title documents, and other documentation.
- The procedure for legal verification involves two steps. After the title report has been created, the property is examined.
- Technical verification is the next step in the process. This is done to examine the physical condition of the property before authorising the loan. Visitors from the field inspect the property. The findings are then utilised to evaluate the property so that the loan appropriately reflects its value.
Documents necessary for the property’s legal verification
There are various documents required for the legal verification of property, including the following:
Deed of sale or sale deed
The most crucial document in the purchase and selling of real estate is, without a doubt, this one. It acts as evidence of the property’s ownership, making it the original document that needs to be verified. There is a sub-registrar in the location where the land is located where it is recorded.
Sales agreement
The agreement of sale details every aspect of the property, the terms and conditions, the dates of the purchase and sale, the clauses, the method and amount of payment, etc. This form can be used to apply for a mortgage and to purchase a home.
POA (power of attorney)
If someone is acting on behalf of the owners, they must show the original documentation proving that they are authorised to do so. The legal requirements for buying and selling specific properties include these.
Will/Testament
A will is a legally binding document that expresses a property owner’s intentions. The distribution of their assets is specified along with their names and the title of the executor, who will have unrestricted authority.
Partition deeds and uncontested deeds, if any are available, are also required to recognise a property legally.
Line up of land documents
- Property title: The sub-office registrar provides information on any property ownership.
- Mortgage documents: All mortgages must be legally confirmed and presented to the buyer.
- Certificate of encumbrance: A certificate of encumbrance is produced when a property is released from an encumbrance.
- Most recent bills and tax receipts: Original documentation and the most recent bills and tax receipts must be submitted.
- Khata certificate: Additional documentation can be needed, depending on the state, the case, and the property referred to.
Property verification benefits
The following benefits accrue to property owners as a result of legal verification of the property:
- A property’s legal verification serves as a reminder and confirmation that it is free of any pending legal disputes or litigation and is the topic of the transaction.
- The legal authentication of the property makes it simple to obtain loans secured by the property.
- The legal verification of the property provides the crucial assurance that the seller may execute a transaction about the property since he possesses the title.
- Any forced or fictitious papers or activities can be avoided if the seller has verified the legality of the item.
- In transactions, it’s common to see the same property transferred by the same vendor, who forges documents to deceive clients. This can be prevented if the legal verification of a property is done correctly, and in cases of fraud, they must seek legal guidance.
- Any inaccurate information about properties can be avoided during loans and mortgages if the property is legally checked.
The function of a lawyer is to confirm ownership.
In the process of verifying the ownership of property, a lawyer or advocate is essential. They are legal professionals focusing on real estate transactions with the skills and experience to recognise and reduce the legal hazards of a property. A lawyer or advocate’s tasks and responsibilities in the property verification process include the following:
- Review of legal documents: To guarantee their validity and compliance with applicable property laws, the attorney will review all legal documents related to the property, including the title deed, the sale deed, and other pertinent documents.
- Confirm ownership: The attorney or advocate will confirm the property’s ownership information, including the seller’s authority to sell the property.
- Look for encumbrances: The attorney or advocate will look for any unpaid debts, mortgages, or liens on the property that could expose the buyer to financial risk.
- Perform legal due diligence: The attorney will perform due diligence to ensure the property is free of pending litigation or other issues.
- Drafting and reviewing agreements: The attorney will draft and examine agreements on the real estate transaction, including the selling deed, the leasing agreement, and other pertinent paperwork.
- Attend property registration: To guarantee that the legal transfer of property ownership is completed appropriately and under the law, the attorney or advocate will be present throughout the procedure.
- Offer legal counsel: The buyer’s or seller’s attorney will counsel them on all legal matters in the real estate transaction.
Is it possible for me to independently verify properties?
Although possible, doing property verification on your own is not advised. Property verification thoroughly examines the property’s legal records, ownership, and other relevant legal issues. Without the skill and understanding of a legal expert, you could overlook important elements that later cause legal issues or financial liabilities.
Conclusion
Every time a person engages in a transaction or an agreement, they need to be informed of all the terms and conditions supplied, and the legality of the property should be confirmed. This reduces the possibility of risk and potential conflicts. A layman should consider getting legal advice on these issues since they may not be familiar with many legal documents and regulations.
