• How to find legal issues in a land?

I want to buy a land in North Bangalore. There are some disputed pieces of land with OS number in that layout. I'm not sure, whether the land, which I wish to buy has any legal issues. How can I confirm that the proposed land doesn't have any legal issues? Please clarify.
Asked 7 years ago in Property Law
Religion: Hindu

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14 Answers

It's quite simple. The land record will show the name in the land records as on date and you may get the history of the transfer as well from the tehsildar.

Please hire an advocate to arrange the certified copy from tehsildar.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

To check clear title of property to be purchased it is necessary to first get all the title deeds checked by a alocallawyer.

The advocate then apart from perusing the deeds can make searches in the local registration office and the court to find out encumbrance or litigation on it.

Another option is to make a newspaper advertisement also bringing objection from any person claiming title on the proeprty.

You can also make some part payment and make a boundary wall on the proeprty to see whether someone else comes out to put objection on your purchase.

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

Kindly get a search report opinions done by competent lawyer on land.

In the report the lawyer can check :

valid title of land

possession possession of land

Mortgage charge If any

Stayed by any order of court

Land is not under any restricted area by National green tribunal or municipal authority or land under government project like sewage or any road.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Engage a lawyer to conduct a title search of the land you propose to buy and ask him to prepare a report.

In the report, it'd be clear whether or not this parcel of land is disputed/claimed by rival parties in any case.

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

I have come across many cases like this. Buying a plot of land has become a very tricky affair, especially when considering the blatant corruption surrounding the deals including creating fake documents, demand for half payment in cash and also issues of disputed land sales. So, if you are ready to buy a piece of land it is advisable to be very cautious and thorough. Also, the steps and procedures are quite different from purchasing a flat and hence require a careful analysis before setting out on the path.

In India, the real estate sector often pilfers with the law governing it. Therefore, it is advisable for land buyers to check for the following factors thoroughly and even get them examined by a legal expert before making the actual purchase:

The Deed Title: Check if the deed title is in the name of the seller and he has the full right to sell it. Insist upon looking at the original and not just a photocopy.

Encumbrance Certificate: This document can be procured from the sub-registrar's office where the deed is registered. It declares that the land is free of any legal hassle and unpaid dues.

Property Tax Receipts and Bills: Ask for the originals again and ensure all the payments have been made as this could lead to legal complications and more expenditure in the future.

Apart from these, you must also check that the loans on the land are repaid with a release certificate issued by the bank and get the property valued for the exact land measure.

To purchase a piece of land, the following documents are required from the seller's end:

1. Original Land Deed of the current owner, known as the 7/12 document and also the previous owners with the proper names on the title.

2. An Encumbrance Certificate from the Sub-registrar's office for the last 30 years at least.

3. Release Certificate from the bank, stating that the loan on the land has been completely repaid.

4. Original property tax receipt and other bills relating to the plot.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
400 Answers
12 Consultations

Please find out survey number of the land and the owner. In case there is any legal disputes the property cannot be registered secondly you need to get your property scrutinized from local advocate to see that the property you purchase is free from defect in title. Also go through last twelve year Encumbrance certificate to see how many hands the property has changed.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

1) take 30 years title search in sub registrar office

2) obtain no encumbrance certificate

3) contact local lawyer and obtain certificate that title is clear and marketable

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

Dear Sir,

Purchase of agricultural land in Bangalore

If you intend to purchase any agricultural land in Bangalore for non agricultural purpose, then, you must have approvals as per the provisions and rules under Karnataka Land Reforms Act (1961) and the Karnataka Land Revenue Act of 1964. The regulating authority for approving any layouts on the outskirts of Bangalore rests with the Bangalore Metropolitan Regional development Authority or BMRDA.

While investing in any agricultural land you must adhere to the below:

Mother deed/ Sale deed: This is the most important document for tracing the ownership of the land. It provides details of the property as to how it was acquired at the initial stage and the subsequent series of transactions it has undergone

Search Report: It provides details of the original property holder, property history, charges on the property, current property status (all dues paid or still pending) and the number of times the property has changed hands before being owned by the present seller

Agreement: Once the property is decided, make an advance payment and get a written agreement on a stamp paper duly signed by both the owner and the buyer in the presence of two witnesses. An agreement must state the advance paid, actual price, duration of actual sale, and legal actions to be taken in case of a default from either party

Stamp Duty: This should be paid in full and on a timely basis. To get an agreement stamped it should be without any signature or date and the agreement can be implemented only when the Stamp Office fixes stamps on it

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

Dear Sir

To purchase any land requires proper scrutiny of the documents from the initial stage. They are also to be verified with the originals and also to verify from the courts for pending any issues in courts.

If you are saying some OS Number is there then we can verify that file from the court before confirming the title. If entire sy no is in dispute or to some extent of that how does it affect your proposed land it matters.

Feel free to reach us for the verification and scrutiny.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

In bangalore, cheating, fabrication and landgrabbing are rampant. Even a legal opinion may not guarantee a perfect title.

Rajaganapathy Ganesan
Advocate, Chennai
2229 Answers
8 Consultations

Please contact an experienced Advocate who can guide you because there are many pitfalls in property buying. No simple straightforward formula. It's only an experienced mind which can spot the pitfalls.

All the best.

Chidanand Kulkarni
Advocate, Bangalore
21 Answers
2 Consultations

You can confirm it from the Sub-Registrar's office of your district. They are mandated to keep the record of every land. You can check the papers.

Sagar Mongia
Advocate, New Delhi
7 Answers

You can consult a local lawyer and take his opinion about the property itself

The lawyer so chosen shall enquire and confirm all the details.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Contact a local lawyer and get the title report of the said piece of land and thereupon you will get to know that whether the title of the land is clear or not

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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