Buying & Selling Revenue and Legally Clear Properties
At AKS PROPERTY CHECKLIST we help in Identifying Revenue and Legally Clear Properties for buyers which is crucial for avoiding future disputes and ensuring a trouble-free ownership experience for the Buyers. The following are the step-by-step guide to make this process easy, efficient, trouble free and trustworthy:
1. Benefits of Identifying Revenue and Legally Clear Properties
Saves Time, Money, and Energy:
- This process reduces the need for lengthy legal processes / corrections in future.
- Avoids unwanted disputes, penalties, and additional expenses.
Improves Trust and Confidence:
- Transparency between buyers and sellers gives Reliability & Confidence.
- The Transaction process becomes more easy which inturn gives a long-term satisfaction.
2. Steps to Identify Revenue and Legally Clear Properties
Step 1: Verify Legal Documents
- Title Deed (Sale Deed / Gift / Etc.,):
- Shows the ownership of the Property .
- Being a Government registered document, it is also a valid evidence and proof of ownership.
- Encumbrance Certificate (EC):
- EC gives a clear picture about the overall transactions within the time period. It also ensures the property is free from liabilities, mortgages, pending loans, legal attachments.
- Parent Documents:
- Finding the ownership lineage of a current document is essential to know weather all the previous documents are transferred legally.
- Will look for any irregularities / discrepancies in the lineage.
- Occupancy Certificate (OC):
- For built properties, ensure the local authorities have issued an OC confirming lawful construction.
- Conversion Certificates (if applicable):
- For agricultural land, confirm conversion to non-agricultural use, if required, with proper documentation.
Step 2: Revenue Records Verification
- Land Records (Patta, Chitta, A-reg, FMB):
- Obtain government records from the local revenue office to ensure the property is correctly registered.
- Cross-check property dimensions, owner details, and classification (e.g., agricultural, commercial).
- Tax Receipts:
- Ensure all property taxes have been paid by the seller.
- Tax receipts should match the seller’s name and the property address.
- Pending Dues:
- Check with local authorities for any unpaid utility bills, water charges, or maintenance fees.
Step 3: Physical and Legal Inspection
- Site Visit:
- Physically visit the property and verify the property’s physical condition and ensure there are no encroachments or boundary issues.
- Physically match the property layout with the Revenu Records.
- Boundary Demarcation:
- Conduct a digital land survey to verify the exact dimensions and boundaries.
- Use government-certified surveyors for accuracy. Or get an endorsement from him.
- Litigation Check:
- Search for ongoing court cases related to the property in the local judicial records.
- Ensure the property is not under any dispute or legal restriction.
- Third-Party Claims:
- Verify that there are no claims by tenants, leaseholders, or relatives of the seller.
Step 4: Due Diligence by Professionals
- Engage a Lawyer:
- Hire an experienced property lawyer to review all legal documents and identify risks.
- Revenue Consultant:
- For complex revenue issues, engage a consultant to clarify the land classification and compliance.
- Property Valuation Expert:
- Get the property valued to ensure the price aligns with its market value.
- Bank Legal Team (if taking a loan):
- Banks conduct thorough legal checks before approving loans, providing an added layer of scrutiny.
3. Buying Legally Clear Properties
Step 1: Agreement Preparation
- Draft a Sale Agreement outlining important terms (price, timeline, payment schedule, liabilities, etc.).
- Include a clause stating the seller guarantees the property is revenue and legally clear.
Step 2: Registration Process
- Register the property with the sub-registrar’s office.
- Submit all necessary documents, including the sale deed, identification proofs, and tax receipts.
Step 3: Payment and Possession
- Use a trusted escrow account or active bank account for payments to ensure security.
- Take physical possession of the property immediately after registration.
4. Building Trust and Confidence
- Transparency:
- Share all documents and legal clearances upfront with the buyer.
- Encourage open communication to address doubts.
- Independent Verification:
- Allow buyers to independently verify property documents and conduct inspections.
- Offer assistance in coordinating with legal and revenue offices.
- After-Sale Support:
- Measure the property and handover the property in good condition.
- Provide guidance on utility name transfers, mutation updates, and compliance after the sale.