How do I verify the authenticity of the property documents before transfer?

Answered by

A Agarwalla & Co.

Published At July 22, 2024

Answer

Verifying the authenticity of property documents before transfer is crucial to ensure a legally sound transaction. Here are the steps to verify the authenticity of property documents:

  • Title Deed Verification: Ensure the title deed is in the name of the current owner. Obtain a certified copy from the Sub-Registrar’s office. The title should be clear, free of any disputes or encumbrances. For NRI property inheritance, verify that the title has been legally transferred to the NRI.
  • Encumbrance Certificate: This certificate confirms that the property is free from any legal dues or mortgages. It can be obtained from the Sub-Registrar’s office for a specific period, usually 13-30 years. This is crucial for both NRI property inheritance and NRI leasing property in India to ensure no financial liabilities exist.
  • Property Tax Receipts: Verify the property tax receipts to ensure there are no pending dues. Regular payment of property taxes indicates undisputed ownership.
  • Approved Building Plan: For properties with buildings, verify that the construction has been approved by the municipal authorities and complies with local building regulations. This is important for ensuring that the property is legally constructed.
  • NOC from Society or Builder: Obtain a No Objection Certificate (NOC) from the society or builder if the property is part of a housing complex. This ensures that the transfer is acceptable to the society and that there are no pending dues.
  • Legal Heir Certificate: For NRI property inheritance, verify the legal heir certificate to ensure the property has been inherited legally and all rightful heirs have given their consent.
  • Agreement to Sell: Review the agreement to sell, which outlines the terms and conditions of the sale. Ensure it is duly signed by both parties and witnesses.
  • Mother Deed: The mother deed traces the ownership history of the property. Verify this document to ensure a clear chain of ownership. It’s essential for establishing the property’s legal history.
  • Utility Bills: Check recent utility bills (electricity, water, etc.) to ensure they are in the name of the current owner and have no pending dues. This helps verify the current ownership and occupancy.