If you think about a property purchase in Tamil Nadu, it is essential to follow a legal checklist to ensure a smooth and lawful transaction. Here are the key steps and legal checklist to consider before a property purchase in Tamil Nadu.
Title Verification: Verify the property’s title by obtaining an Encumbrance Certificate (EC) for the past 30 years from the local Sub-Registrar’s office. This will confirm if the property has any existing liens, mortgages, or disputes.
Ownership Verification: Ensure that the seller has legal ownership rights to the property. Request and review the original sale deed and other relevant ownership documents.
Approved Layout and Building Plan: Check if the property layout and building plans are approved by the relevant authorities. This is crucial to avoid construction violations.
Land Use and Zoning: Confirm that the property is designated for residential or commercial use, as specified in the area Master Plan.
No Objection Certificates (NOCs): Obtain NOCs from the concerned authorities, such as the local municipality or urban development authority, to ensure there are no objections to the property purchase.
Survey and Measurement: Conduct a physical survey of the property to verify the boundaries and measurements. This helps prevent any boundary disputes in the future of a property purchase in Tamil Nadu.
Documentation process:
Check for Litigation: Conduct a search at the appropriate court to check if there are any ongoing legal cases related to the property.
Property Tax Clearance: Ensure that the property tax and utility bills are up-to-date, and there are no pending dues.
Finance Companies Approval: If availing of a home loan, ensure that the property is eligible for financing.
Payment Verification: Make payments through legitimate banking channels and obtain proper receipts for all transactions.
Sale Agreement and Sale Deed: Draft a comprehensive sale agreement that outlines the sale terms and conditions. After fulfilling all conditions, execute the sale deed before a Sub-Registrar and register it.
Stamp Duty and Registration: Pay the applicable stamp duty and registration fees as per the property’s value. And get the sale deed registered with the Sub-Registrar’s office.
Mutation of Property: After registration, apply for the mutation of the property in the local revenue records to transfer ownership officially.
Possession and Handover: Once all legal formalities are complete, take possession of the property. And get all relevant documents, including the title deed, sale deed, and possession certificate, before the property purchase.
It is essential to seek legal advice and assistance from a qualified property lawyer or real estate consultant throughout the property purchase process. This is to ensure compliance with all legal requirements and safeguard your interests.
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