Why to hire a property lawyer in India before buying a property?
For common people buying a property is generally “once in a life time” activity and realization of ones’ dreams, hence it’s imperative for the buyer to be vigilant against and alive to the threats and apprehensions inherent to it. For peaceful possession and absolute enjoyment of the property purchased, it must be ensured that it is fit and appropriate and the process adopted for purchase is as prescribed under law. It’s not possible to cover the entire process involved in these aspects, in one stroke, due to space constraints and will be dealt with in a series starting with this article.
Clear and transferable title of the seller:-
First and foremost requirement is to ascertain that the seller of the property is having clear and transferable ownership rights in the property. A person cannot transfer a better title than he himself enjoys. This has to be verified by perusal of the “Mother Deed” and chain of title ending with the present seller.
Search for title and records of right:-
Based on information contained in the mother deed, records need to be searched with various govt. bodies / offices such as Public Index in the Municipal office, Local registration office, Land reform office, Land Revenue office etc to confirm that the present seller is the real owner and is entitled to transfer the ownership rights in the property.
Search for encumbrance, charge:-
It must be ensured that the proposed property is not, encumbered and / or charged as security against any loan availed by the seller. Encumbrance / charge is created over immovable property in favor of somebody, agency, authority against any dues, obligation or commitment. Generally, such charges are created for availing loans by creating mortgage of the property either as principal security or as a collateral security. Right title and interest in an encumbered / charged property cannot be transferred unless the charge is released.
The aforesaid requirements, and many more to follow in subsequent article(s), can be taken care of and ensured, only by a competent legal professional hence services of such lawyer(s) is needed by the buyer of a property.
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This article is contributed by -IndianPropertyLawyers, simplifying property
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