Hi, I am looking to buy a residential plot in Gurgaon. Need to know which legal documents should be checked while verifying title of the plot. Recently I have finalized a plot in Gurgaon under resale but the owner does not have the Re-allotment Letter and Form C. He is providing a FIR of losing these papers and a certified photo copy. He has original Sale Deed and Conveyance Deed. Please suggest if this fine to go. Regards.
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1) since seller has original sale deed and conveyance deed you can consider purchase of plot provided title is clear and marketable . seller has FIR of loss of re allotment letter
2) take 30 years title search report
3) take opinion from local lawyer that title is clear and marketable then only purchase the plot
4) check whether property taxes have been paid till date
This is the typical checklist-
Proof Of Ownership Fard Of Jamabandi/Certified Copy Of Original Old Sale Deed/Assessment Of MC/Mutation.
2 Identification Of The Parties Ration Card/Voter Card/Driving License/Aadhar Card/Pan Card/Identity Card And ID Proof Of Witness Also.
3 Registration Of Document Through Power Of Attorney Verification Of GPA From Where It Has Been Registered In Case It Has Been Registered Out Of State Only.
4 NOC Required U/S 7(A) NOC From DTP Concerned If The Area Is Notified U/S 7(A) Of The HDRUA Act 1975.
5 Witness Two Witness Of The Parties Along With ID Proof.
6 Map Plan Map Plan And Description Of Immovable Property.
7 In Case Of Building/Plot Digital Photograph Of Building/Plot.
8 In Case Of Release Deed Mutation Of Virasat F
You should first make an inspection in the sub registrar office, where the plot is tegistered, check whether mutation has been done and everything is proper, if he has lost the documents then you will find the details of those doc in the registry office
If the Vendor has Title Deed then after searching Registrar Office, Revenue Office and local Municipality you can proceed to purchase and before purchase you must publish a notice in a newspaper.
Get the original chain of title checked from the local lawyer before entering into any agreement and giving earnest money. From the given facts, it is also not clear whether it is a DLF residential plot or HUDA. What are the terms and conditions mentioned in the Conveyance deed and Sale deed. If there is reallotment letter, then there must be permission from the issuing authority. FIR and certified photo copies will not suffice the purpose. Beware. Original Conveyance Deed and original Sale deed also need to be verified from the office of concerned Sub Registrar and record of the sub registrar should also be got searched whether the plot has already been sold to someone and this fact is being concealed from you. I smell foul play in this deal.
FIR and certified copy is sufficient for the purpose.
Please take a copy of the original sale and conveyance deed, and consult a local lawyer and ask him to do a legal due diligence of this property. From this, it will be clear whether or not the seller has requisite title over the property so that he may pass on the same to you; and also as to the fact that whether or not the property is encumbrance free.
Please, go to the concerned registrar office and inspect the registers in regard to the said property. You would get to know about everything like if any dispute or mortgage or incumberance over the property.
Only a minimal fees you will have to pay like in 100's.
Yes you can go ahead with Original Conveyance & Sale Deed.
You can contact us for the same as we are specialized in Property matters in Delhi NCR.
Adv. Parul Suri
Hello,
Since the concerned seller is having the sale deed and conveyance deed, therefore in my advise the title of the land is clear and marketable.
Contact a local lawyer and ask him for a title report of last 36 years
Finalize the property after getting the title report.
Regards
You may have to obtain the previous title documents link documents, plan approval conversion approval, original land document, tax paid receipts, plot approval copy, CC, OC wherever necessary. the possession letter, conveyance deed, an other relevant document pertaining to the plot
The said documents are necessary, you may obtain an indemnity bond from the seller to be safe about the missing documents in the future in case of any litigation that may arise in this regard.
Original sale deed
Link document to it
EC
Dear Lawyers, Have got an update on the scenario. The owner has his sale deed and re-allotment letter on his name in original. However, he has misplaced sale deeds and allotment letters of the previous owners. The historical chain of sales has been verified with the registrar office and the previous sale deeds and allotment letters are certified copies (certified by registrar). Please suggest if this fine to buy and any precautions before buying such plot. Thanks for the help.
1) original chain of sale deed is necessary
2) if he has misplaced original chain of title documents and has filed FIR about loss of original documents , issued public notice then you can consider purchase of property provided seller is giving you a substantial discount over market price
BIG NO.
In my advise you may go ahead and purchase the said property
yes if all the documents are registered with the registrar office, you go ahead, once you buy mutate your name in the registry.
The seller who is selling his property now found an innocent and unsuspecting buyer.
The vendor will not undertake any liability after selling the property.
The buyer has to run between seller, court and litigant to solve the legal issues that may arise in future.
Why are you so much interested in buying the property which has a shadow on it.
You may consult a local lawyer before venturing into this purchase.
You can buy that plot after giving paper publication in any vernacular paper
Going by your update, looks like it is safe to go ahead with the deal.
Best luck!
Dear
You will buy the property with the Financial help from Bank.
So you have to get it check from the Bank from where you want to take loan. If they are ok with it then you may go-ahead.