As buyer of apartment, please guide how I should check property documents pertaining to occupation certificate, land etc to ensure that it has clear title and free from encumbrace.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 February 2014
Title Deeds:- check the title deed of the property which is being purchased. Confirm whether the property is in the name of the seller and the rights to sell the property lies with only him and no other person is involved in it.
Tax rates and bills:-Property taxes which are paid to government or municipality are a first charge on the property. Hence, enquiries must be made in government and municipal offices to ascertain whether all taxes have been paid up to date.
Encumbrance Certificate:-Before purchasing the land or house, it is important to confirm that the land does not have any legal dues. Check the Encumbrance Certificate issued by the sub register office where the deed has been registered, stating that the said land does not have any legal dues and complaints.
Pledged land:-Some people may have taken loan from the bank by pledging their land. Ensure that the seller has paid back the entire amount due. Don’t be satisfied with the receipt of the payment made. Release certificate issued by the bank is necessary for all the debts over the land. You could buy a land without the release certificate. But if you want to take a loan in future, the release certificate is a must.
Measuring the Land:-Confirm if the measurements of the land are accurate. You can do this with the help of a recognized surveyor to avoid problems in the future.
NAVEEN ARICHWAL (Senior Resident Emergency medicine) 12 February 2014
When the Goverment has given Occupation certificate and Registrar is doing registry too. Than also do we have to check all the above stated documents.
Is Occupation certificate given by the Government not enough.