The check-list from Preenand P.
One of the most important decisions you will make in your life-time is buying a piece of property or a home. This is a process that is mired in a great deal of legalities and paperwork. Getting every nuance correct is essential to enjoying the benefits of owning a home. A clear title is necessary for it to be the perfect purchase. Here is a checklist that you should run through when investing in immovable property.
The parent deed of the property to trace its origins
Conveyance deeds pertaining to it
Record of Rights
Index of the land
Nil tenancy certificate
Nil acquisition certificate from relevant authority
Receipt of paid conversion charges
Approved layout plan
Release of order site
There are various aspects of immovable property that one needs to understand.
Acquiring ownership of immovable property: You can get property via inheritance, as the recipient in a will, by means of purchase, as gift, from a trust or through settlement deeds. You can also get it as a grant, sanad/Inam from the government. The court too can give you property in two primary ways
By the act of parties
By way of operation of law
Registering immovable property: All documents that are related to the property will have to be registered at the jurisdictional sub-registrar’s office. Should you encounter any trouble here, you can always approach the district registrar as well. In the Bangalore Urban district, you can even approach the Office of the Inspector General of Registration.
In general the registration fee is around one per cent of the market value of the property or Rs. 30,000, whichever fee is lower. Charges for scanning of documents are extra in places where computerisation has taken place.
It is essential that you register your immovable property so that it becomes a permanent public record. It also serves as a public notice. When you are purchasing property, it is documents like these that will let you know if the property is encumbered in any way. Also, as per the Transfer of Property Act, the right and title to the property can only be had when the deed is registered.
There are exceptions however. In the case of immovable property being granted by the government as inam or by darkhast , then these are exempt from registration. The Khatha is brought into force based on governmental orders under Sec.90 of the Registration Act, 1908.
Immovable property serves as an investment for the future and with time appreciates in value. Being able to get the most out of your investment can happen only when all of the documentation is in order and legally sound. Getting a real estate lawyer to help you in the process will be a good idea as they are up-to-date with the legalities of the process and also have the experience and means to facilitate it as well.