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Guest (n/a)     06 January 2009

How to prevent Land fraud?

I want to buy a small Land for my residential purposes.But i have heard many things about property fraud since my childhood. In my country India, some people also make fake papers of Land and they show some other land which is not their own.Give the legal papers advice.How can become 100% sure that this property is completely legal and is now mine.


 11 Replies

Shree. ( Advocate.)     06 January 2009

Dear Jessica,  

   

    The seller from whom you wish to purchase the land must have bought it from their own earnings or through: The Hindu Succession Act or the Muslim Law or the Indian Succession Act



  1. A legal will probated by the concerned court



  2. Gift or partition of property or exchange. Verify that a deed has been executed to this effect



A minor’s (person below 18 years of age) share in a property cannot be mortgaged, transferred, or charged through gift, exchange, or sale or in any other manner without prior permission of the court.  

 

    Ensure that there is no claim on the property from the government or any statutory body and that the land does not fall under the Urban Land Ceiling and Regulation Act, CRZ (Coastal Regulatory Zone) or Archaeology department restrictions. Also check if the land is designated for residential purpose by the planning authority

   Ensure that the title of your land is clear.



               1.Register your property.



           2. Get your property valued by an authorized valuer.



           3.Obtain an encumbrance certificate to ensure that your property is unencumbered (ideally for the past 30 years).



               4.Get your construction plan sanctioned from the concerned authorities.

 

                5.Ensure that all taxes are paid and retain the receipts for record.

 

 

KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT)     06 January 2009

ADDED TO ADV SHREE'S POINT IF THE PROPERTY IS NOT CONVERTED AS RESIDENTIAL LAND YOU CAN VERIFY THE PATTA & CHITTA AND EXTRACTS IN THE REVENUE DEPARTMENT IN TAMIL NADU YOU CAN VERIFY THE PATTA THROUGH ONLINE ALSO

KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT)     06 January 2009

ADDED TO ADV SHREE'S POINT IF THE PROPERTY IS NOT CONVERTED AS RESIDENTIAL LAND YOU CAN VERIFY THE PATTA & CHITTA AND EXTRACTS IN THE REVENUE DEPARTMENT IN TAMIL NADU YOU CAN VERIFY THE PATTA THROUGH ONLINE ALSO


(Guest)

Once after selecting the land, take the land details, revenue no. which is called in different names in different ares, Khasra No. etc. mutation certificate photo copy and engage an advocate and ask him to do the serch and file a search report.  The advocate, on the basis of the land no. visits the revenue office, where the land record is there and study the entire history of the land, from whom the land has come into the possession of the seller, the details of seller, the copy of the muttation certificate etc. Then, on his letter head he will give the search report advising whether it is fit for purchase or not.  This search report does not cost much.  After that, once it is clarified by the search report, that the land is for assigned for residential purpose (not for commercial or agricultural), the seller is the real owner of the property, the mutation certificate is genuine, there is no mortagage  on the land you can ask the advocate to prepare a sale deed.  In the sale deed, certain provisions are required for abundant precaution to protect your rights and that will be taken care of by your advocate.


Prabhakar (M)9958670740


(Guest)

Once after selecting the land, take the land details, revenue no. which is called in different names in different ares, Khasra No. etc. mutation certificate photo copy and engage an advocate and ask him to do the serch and file a search report.  The advocate, on the basis of the land no. visits the revenue office, where the land record is there and study the entire history of the land, from whom the land has come into the possession of the seller, the details of seller, the copy of the muttation certificate etc. Then, on his letter head he will give the search report advising whether it is fit for purchase or not.  This search report does not cost much.  After that, once it is clarified by the search report, that the land is for assigned for residential purpose (not for commercial or agricultural), the seller is the real owner of the property, the mutation certificate is genuine, there is no mortagage  on the land you can ask the advocate to prepare a sale deed.  In the sale deed, certain provisions are required for abundant precaution to protect your rights and that will be taken care of by your advocate.


Prabhakar (M)9958670740


(Guest)

Once after selecting the land, take the land details, revenue no. which is called in different names in different ares, Khasra No. etc. mutation certificate photo copy and engage an advocate and ask him to do the serch and file a search report.  The advocate, on the basis of the land no. visits the revenue office, where the land record is there and study the entire history of the land, from whom the land has come into the possession of the seller, the details of seller, the copy of the muttation certificate etc. Then, on his letter head he will give the search report advising whether it is fit for purchase or not.  This search report does not cost much.  After that, once it is clarified by the search report, that the land is for assigned for residential purpose (not for commercial or agricultural), the seller is the real owner of the property, the mutation certificate is genuine, there is no mortagage  on the land you can ask the advocate to prepare a sale deed.  In the sale deed, certain provisions are required for abundant precaution to protect your rights and that will be taken care of by your advocate.


Prabhakar (M)9958670740

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009

I do agree with my all Ld. Friends. The opinion of Mr.Prabhakar & Mr. Kamraaj is very valuable.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009

I do agree with my all Ld. Friends. The opinion of Mr.Prabhakar & Mr. Kamraaj is very valuable.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009

I do agree with my all Ld. Friends. The opinion of Mr.Prabhakar & Mr. Kamraaj is very valuable.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009

I do agree with my all Ld. Friends. The opinion of Mr.Prabhakar & Mr. Kamraaj is very valuable.

Rajiv   12 November 2018

Hi A small question, How and what are the best ways to protect property documents- I have heard even property documents can still be forged even in l n d o dapart -  Or how can i check the documents if there is no fraudulent activity  on them - hope you understand the question - regards (Or if i am wrong what i have heard is not good then accept my excuses)

hint - if a tanent dispute is there and threaten that he can get changes done in original property documents with l n d o depart because he has lots of connections in there

Thanks for any advices


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