Purchasing property is a significant investment, and thorough due diligence is crucial in Tamil Nadu to protect your interests and avoid potential legal issues. Here’s a breakdown of key legal aspects you should consider:
Title Verification:
Title Deeds: Scrutinise the property’s title deeds, including sale deeds, transfer documents, and inheritance papers. For authenticity and proper legal transfer of ownership. Verify the seller’s right to sell.
Encumbrance Certificate: Obtain an encumbrance certificate from the Sub-Registrar office to check for any existing legal claims, loans, or mortgages on the property. Ensure it’s free from encumbrances.
Title Search: Conduct a thorough title search by accessing land records and registry office records to confirm ownership history and identify any potential disputes.
Property Documents:
Patta: Verify the property’s patta (land ownership record) issued by the Tamil Nadu government to confirm ownership and land classification.
Building Plans and Approvals: For apartments or constructed properties, check for approved building plans. And completion certificates, and approvals from relevant authorities like CMDA or local municipalities.
Land Use Zoning: Verify the land use zone as per the master plan to ensure permissible uses and any potential development restrictions.
Agreements and Contracts:
Sale Agreement: Have a lawyer review the sale agreement thoroughly before signing. It should clearly define terms like purchase price, payment schedule, possession date, title guarantee, and consequences of breach.
Power of Attorney: If the seller is using a power of attorney, verify its validity and scope of authority granted.
Additional Considerations:
Disputes and Encumbrances: Investigate any legal disputes or encumbrances related to the property and adjoining properties.
Taxes and Liabilities: Confirm outstanding property taxes and ensure the seller clears them before possession.
Physical Inspection: Conduct a thorough physical inspection of the property with a trusted professional to identify any structural defects or hidden issues.
Professional Assistance:
Advocate: Hiring a local lawyer experienced in property transactions is highly recommended. They can guide you through the process, ensure legal compliance, and negotiate on your behalf.
Property Valuers: Consider engaging a valuer to assess the market value of the property and ensure a fair purchase price.
Conclusion:
Remember, due diligence is an investment in your peace of mind and protects your financial interests. By taking the time to thoroughly research and verify all aspects of the property, you can minimize legal risks and make an informed decision about your purchase.
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