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Abhijit Purkayastha   15 November 2015

Purchase of plot in assam

I am willing to purchase a plot of land in Assam. The documents provided by the seller are receipts of tax payment and a copy of Jomabondi. I would like to know if the documents are sufficient for authentic purchase. Shall be grateful if somebody guides me through the entire process.

I am willing to hire a legal consultant for the same.

Regards,

Abhijit P.



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 November 2015

Check for encumbrances at the office of Sub-Registrar of Assam state for Assurance

  • The purchaser should conduct a search of the property in the Registry and the Revenue Office, noting the location details of the property and the time period to be checked. While investigating the title it should be verified
  1. That the legal ownership document is in the name of the owner, issued by the Revenue Record Department under the seal of the Tahsildar.
  2. That on the date of purchase the title of the owner for the preceding 30 years (preferably) shows no mortgage or other encumbrance as still existing on the date of purchase.
  3. The property is transferable and heritable.
  4. The transferor is competent and/or authorized to transfer the property.
  5. The transferee is qualified to be a transferee.
  6. The object or consideration for the transfer is lawful.
  7. The transfer has been made and completed in the manner prescribed by law.
  8. The property being sold is free of restrictions for sale under the Urban Land (Ceiling & Regulation) Act, 1976 and a Clearance Certificate for the property has been issued by the U.L.C. (Urban Land Ceiling) Authorities.
  • Also, all papers with regard to payment of taxes, the electricity bills and water bills need to be checked.
  • If the seller is a Company incorporated under the provisions of the Companies Act, 1956 then it is prudent to take search in the office of the Registrar of Companies to verify whether there is any charge on the property registered under the provisions of Section 125 of the Companies Act, 1956.

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