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Seven documents you need to check before buying land to avoid fraud
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Aaj Tak
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Seven documents you need to check before buying land to avoid fraud

Purchasing real estate is a significant life decision, as people invest their savings in acquiring plots, fields, or houses. However, if the buyer does not properly check the documents, they may find themselves in a difficult situation. Potential problems include situations where the land belongs to another person, is already mortgaged, or is subject to a dispute. Therefore, one should not rely solely on the appearance of the land or the seller's words when handing over money; a number of important documents must be carefully examined before the purchase.

Below, it is explained in detail which seven documents need to be checked and what to look out for.

First, you should review the sales contract, or registry. This document allows you to determine whose name the land is registered under and whether the seller has the right to sell it. The registry specifies the plot number (khasra), area, owner's name, and other information related to the land. It is crucial to cross-reference this information with current government records. It must be remembered that one cannot limit oneself only to a copy of the registry; the information must be compared with official state data.

The parent document helps trace the history of land ownership and previous owners. If the seller claims to own the land today, it is necessary to find out how it came into his possession. One needs to understand who owned it previously and how the change in ownership occurred. This contributes to a full understanding of the chain of title to the land.

The Encumbrance Certificate (EC) is a very important document. It helps determine whether there is a registered debt, mortgage, or other legal transaction associated with the land. If the land is mortgaged to a bank, and you acquire it without checking, problems may arise in the future. Therefore, before purchasing, be sure to check for any existing encumbrances or registered transactions on it.

Land records, such as Khasra-Khatouni or Jamabandi, may be called differently depending on the state. These records contain the plot number, area, owner information, and other details concerning the land. The most important thing is to compare the information contained in the documents with the actual data about the land. It is necessary to ensure that the area indicated by the seller matches the area stated in the records.

Mutation, known in some places as Dahil-Khariz, is a record of changes in government registers after a change in land ownership. For example, if someone bought the land, inherited it, or changed ownership by other means, this will be reflected in the relevant records. Therefore, it is important to ensure that the seller's name is correctly entered into the government registers.

You also need to check the land map and its boundaries. If the area indicated in the documents differs from the actual condition of the land on site, this can lead to disputes later. When purchasing a plot, it is important to verify the plot number, all surrounding boundaries, and the actual condition of the land against the records. Especially when buying a plot, check where the access road to the land is located and if it is indicated in the documents.

Before buying land, you should also check whether any lawsuit, family dispute, expropriation, or other legal problem is pending regarding it. Often, land ownership is disputed by several family members. In such a situation, if you buy the land from one person, the other party may challenge the transaction in the future. Consequently, it is necessary to check all records related to the land and available legal information.

Even after checking these documents, one should not rush to pay the entire amount. It is necessary to match the names, plot numbers, areas, and boundaries in all documents. If the land was inherited, if it belongs to multiple people, or if any disputes are found, it is best to consult a local lawyer or real estate specialist to check the documents.

The most important thing when buying land is not to trust only the seller's words. You must ensure that the ownership is clearly recorded in the documents, that there are no debts or disputes on the land, and that the actual land corresponds to the records. Only after conducting such checks should you make a decision on further actions.

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How to prove land ownership if the original registration is held by the bank
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www.aajtak.in

How to prove land ownership if the original registration is held by the bank

After purchasing a house or land, it is crucial to keep the registration documents. However, sometimes a situation arises where a loan is taken from a bank to acquire housing, and the bank retains the original sales contract (registration). The question arises: what to do if, in the future, you need to prove ownership of the land or house, but the original document is with the bank?

In such circumstances, there is no need to panic. Ownership of land or a house is not confirmed by only one document; various records and documents can be useful for this.

When a person takes a loan from a bank to buy a house or land, the bank often keeps the originals of the property documents. This is done to secure the loan. As long as the loan is not fully repaid, the original property documents may remain with the bank. This does not mean that the bank becomes the owner of the land. Ownership is linked to the sales contract and other relevant records, while the documents at the bank may serve as loan collateral.

If you need property-related documents for government affairs, legal proceedings, or other legal procedures, you should first contact your bank. Information about the documents held by the bank, their copies, or corresponding documents issued by the bank can help you. In some cases, the bank may provide a certified copy of the documents or allow inspection according to its procedure. Therefore, there is no need to worry just because the original documents are not at your home.

A record of this document is kept at the sub-registrar's office where the property was registered. If necessary, information about a certified copy can be obtained there. This is different from a regular photocopy and is issued by the relevant state institution. Thus, even if the original sales contract is with the bank, it does not mean that the state registration record is also lost on your end.

After purchasing land or a house, in some cases, a procedure is carried out to enter the name into local land registers, which is colloquially called 'daxil-khariz' or mutation. If your name is entered into the mutation, keep this record. The mutation itself is not considered final proof of ownership; it is mainly related to entering the name into the land register. The role of title documents, such as the sales contract, remains important for determining true ownership.

If you pay property or house tax, keep the receipts and relevant records. They can show that your name is entered in the state register regarding that property, and that you are paying taxes for that property. But here too, the principle applies that a tax payment receipt alone is not conclusive proof of ownership.

Also, keep electricity and water bills. If your name is listed on the electricity, water, or other utility bills for the house, keep them. These documents can help demonstrate your connection to the property and long-term residence there. However, they themselves are not documents confirming land rights.

If you took a mortgage loan from the bank for the same property, the bank will have many documents related to the loan. There may be loan agreements, details of property documents, and approval documents, as well as property information in bank records. These records should also be kept, especially in case any documents are needed in the future.

If someone challenges your land ownership, the matter will not be resolved solely by presenting electricity bills or tax payment receipts. In such a situation, the sales contract (registration), old land documents, state land records, daxil-khariz documents, and other relevant documents can become important. If the main land documents are with the bank, you can compile a complete chain of documents through bank records and certified copies. If the dispute is serious, it is best to consult a local real estate lawyer, as land rules and records may vary across different states.

If the original land registration is with the bank, be sure to save a scanned copy, photograph, or PDF file of it. Additionally, keep a certified copy of the registration, daxil-khariz documents, property tax receipts, bank-related documents, and other necessary papers in one place. It is best to also make a digital copy of these documents. The fact that the original registration is with the bank does not mean you have no proof of your land. The state registration record, certified copy, daxil-khariz record, bank documents, and other property-related papers can be useful when needed. However, it is important to remember which document holds the most weight in proving ownership.

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