I have always wanted a house of my own ever since I got my first job. Now after 5 years, I'm planning to buy a flat, but I'm worried about the risk of it being on encroached land, near a lake, or on a river bed. I have worked hard to earn the money for the down payment and I don’t want to make a mistake or get cheated. How can I ensure a safe and legal purchase?
– Arjun Gupta (Madhya Pradesh)
I completely understand your concerns. Ensuring that the property you're buying is not on encroached land, near a lake, or on a river bed is crucial to avoid legal hassles.
Here's a step-by-step guide to help you make an informed decision and avoid potential pitfalls:
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Location Research
Start by researching the property's location. Check if it's in an area prone to land disputes, encroachments, or near water bodies like lakes or river beds. You can use online mapping services to verify the property's location.
Legal Advisor
Hire a reputable lawyer or legal advisor who specializes in property matters. They can guide you through the legalities and help you understand the property's title and land use.
Builder's Reputation
Research the builder's reputation and track record. Builders with a good reputation are less likely to engage in illegal land dealings.
Avoiding Encroached Land and Legal Hassles
Check Land Records
Verify land records and ownership details with the local municipal authorities or land revenue department. You can also request an Encumbrance Certificate to confirm the property's legal status.
Approved Layout Plans
Ensure that the property is built according to approved layout plans and zoning regulations. Unauthorized constructions are often found on encroached land.
Check if the builder has obtained a document called a No Objection Certificate (NOC) from relevant authorities, especially if the property is near a lake or river bed. NOCs ensure that the construction complies with environmental regulations.
How to Verify Property Documents
Title Deed
Examine the property's title deed to confirm the ownership history. Ensure there are no disputes or legal claims on the property.
Sale Deed
The Sale Deed should be in the seller's name, and they should have the legal right to sell the property.
Encumbrance Certificate
This certificate provides information about transactions related to the property and helps verify if there are any legal liabilities attached to it.
Occupancy Certificate
Ensure that the builder has obtained an Occupancy Certificate or OC from the local municipal authorities, indicating that the property is fit for habitation and complies with all legal requirements.
Environmental Clearances
If the property is near a water body, check if it has received the necessary environmental clearances from the relevant authorities.
Remember, it's essential to conduct due diligence and seek legal advice before finalizing any property purchase in India. This will help you avoid any future potential legal issues and ensure a safe and secure investment.
