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About 66 per cent of all civil cases in the country are regarding land or property disputes. At the same time, about 25 percent of the cases in which the Supreme Court has announced its ruling are related to land disputes.
Knowingly or unknowingly, in one way or the other, there are millions of people who are involved in cases of property disputes. The reason is that all the documents are not checked properly while buying a property.The consequences of which may have to be borne by you by going to court for years. Let’s see What is the condition of such cases which are going on in the courts?
According to a 2019 report by think tank, Centre for Policy Research, about 77 lakh people in India are involved in land or property disputes. Such disputes are currently related to 25 lakh hectares of land. Also, investment of about $200 billion is in danger. About 66 per cent of all civil cases in the country are regarding land or property disputes. At the same time, about 25 percent of the cases in which the Supreme Court has announced its ruling are related to land disputes.
You have seen what is the status of property related cases in the courts. If you do not want to get caught in a legal dispute, then, you need to be a little investigative. You will have to do a little homework about the property that you are going to buy. Let’s find out how you can avoid such lifelong tension by following these things.
Title Deed or Registry
Whether you buy a house or land, make sure that you check the title deed i.e. registry. This shows the current owner of the property. In addition, the encumbrance certificate and certificate of search provide details of the previous owners.
In the case of land, you must get an on-the-spot inspection done. If the land belongs to an authority or a registered society, then look at the layout plan.
Similarly, when buying a flat, you should note whether the developer has obtained other necessary approvals or NOC, including building plan, completion certificate or occupancy certificate. Also check the RERA registration of the project.
Important to find filing and rejection
Whenever a property is sold or transferred, then, it undergoes filing and rejection. The process of removing the name of one person from government records i.e. from records of (municipal corporation/tehsil or development authority) and including the name of another person is called filing and rejection. In such a situation, the name of the owner is mentioned in the government records.
But, a leased property will be beyond the authority’s purview. In such a situation, you should see whether the property is leasehold or freehold. The property should be free from other hassles including loans. Before buying a property, it should be checked that there is no loan running on it. If this is the case, ask the owner of the property to clear it. The property should not be stuck in any legal case. The property seller should not have made an agreement with anyone else before. It can be checked in the registry office. Otherwise, you may get get entangled in court cases.
Payment of taxes, bills
While buying a resale house i.e. old house, take house tax receipt from the owner of the property. See if there is any liability against the property tax. You can also get information from the concerned municipal office.
Similarly, check whether the electricity or water bill of the house is outstanding.
If you check all these things, property buying becomes easier and less stressful. The more alert you are in the matter of buying a property, the more you will stay away from legal hassles.