There are many aspects
that a person needs to pay attention to. Here are some more things that you
should check before buying a property in India.
Make sure you check the title deed of the document. This document is supposed to highlight the owner of the property and define the rights and freedom of the person who holds the property. This deed is required when a person wants to transfer ownership of property. You should specifically look for whether the property is leasehold and has certain restrictions attached to it regarding sale/transfer of ownership. Some properties have conditions about whom the property can be sold to. As a buyer you also need to ask for the original title deed and not a photocopy. Sometimes, if the seller has taken a loan on the property, he might have submitted the original title deed to the bank and might just have a photocopy. To ensure that the deed is recorded officially, check for an official seal, owner and witness signatures. Make sure that the title deed is solely in the name of a single owner and no one else has the right to sell it. Sometimes, in case of NRI sellers, they could give the Power of Attorney to someone. Ensure that the person having the Power of Attorney is not selling the land simultaneously. You can also try to get the title deed reviewed by a lawyer. You could also ask the seller for the previous title deed to confirm that the land was sold to the seller legally.
Some people buy a land on loan and pledge the property. Check with the seller if he has paid back the entire loan amount. If the seller has the repaid the loan, then he would have got a release certificate from the bank. Ask for this release certificate to ensure that the land is cleared for purchase and might not become a burden on you in future when you plan to take loans.
Measure the dimensions of the plot that you are purchasing. You can also measure the plot by calling in an authorized surveyor.You could also take survey sketches from the survey department to ensure that there are no deviations from the earlier measurement.
Ensure that there is only a single owner of the property. In case there are mutliple owners, ensure that you get a no objection certificate or release certificate.
Make sure that the agreement includes the final actual payment, advance payment, time limit to pay due amount and installments allowed, duration of installments, and time when the sale will take place. This might also include the actions that could be taken if either of the parties defaults and does not go through with the sale. Make sure you get a lawyer to look through the sale agreement. Make sure that the property transfer is done through a proper sale deed that is stamped and registered. Check the propety and register land/property at the Sub-Registrar or the SDM(Sub District Magistrar) of your area.
Check with your lawyer about whether he had heard of any pending cases regarding the property. Sometimes the builder might have built the property while a case is still pending in the court.