Understanding Property Records in India
Buying property is always a complicated process and making a big investment always means that careful research is essential. If you are considering the possibility of purchasing, selling, or investing in Indian property then you need to have a clear understanding of the laws that are associated with Indian property records to avoid any pitfalls or grey areas.
Property ownership in India is very lucrative and driven by different factors such as growth in population, increasing incomes, and urbanisation. By crossing all the t’s and dotting all of the i’s, both buyers and sellers can engage in a smooth transaction where both parties can avoid potential disputes in real estate dealings. It is important for all parties involved in the transaction to exercise due diligence thus avoiding any complications that might arise later on.
India has many laws in regards to property ownership. Before deciding to make a purchase, ensure that you understand how these laws pertain to all parties that are involved in sale and purchase, or investment of real estate.
All properties have a history attached to them. This very detailed information can be found in the property records which record all of the details associated with a property. These records are usually kept on file by the local government, municipality, or village where the property is located. These records are public and buyers and sellers are permitted full access to them.
Where Is The Best Place To Locate The Property Records That Correspond to A Property?
India has made a massive effort in digitising property records, and now records of many states can be accessed online through the land records portal of that state. Online access means that these records can be accessed from anywhere making the process easier and more efficient.
Unfortunately understanding property is not a straightforward process and presents challenges for potential buyers and sellers. There is a lack of uniformity as different systems are and processes used across different states to maintain property records which can make them confusing and difficult to decipher.
Different states have different systems and processes which creates a lack of uniformity in the maintenance of property records, which can be confusing for property buyers and sellers. Another concern is inaccuracies where outdated information and errors can lead to potential issues and/or disputes at the time of the transaction.
Lack of Digitisation is still common in rural areas which means that researchers will have to physically visit the local office of the Revenue Department, Sub-Registrar’s office, or Municipal Corporation to request access to the records. Below is a list of the different organisations that manage property records. Check to see which organisation is the most relevant for the information that is required.
The Sub-Registrar’s Office registers deeds of sale, mortgages, leases and other property related transactions. The land office is in charge of mutations, land records, and other documents that are related to property. If the purchase is in an urban area then the Panchayat or Municipal Corporation may keep records in relation to urban land usage and property taxes. Land Records: These records contain information about land ownership, rights, and encumbrances (claims, mortgages, etc.). They are usually maintained by the Revenue Department.
There are several steps involved when verifying property records. Once you have identified the location and jurisdiction of the property, you will need to either visit the online property portal of that state or physically go to the office in question and supply details such as the survey number, ownership details, or the property identification number. Before accessing the records there may be a small fee to pay or to receive a certified copy of the documents that you require.
Understanding The Different Types of Indian Property Records
There are different types of property records in India and potential buyers need to understand what these entail so that they can have a full understanding of any information that is associated with the property such as an special considerations that may affect future ownership such as outstanding debts, zoning laws, etc that might cause issues if the real estate is purchased.
You can compile the property search report yourself or save time and hire a professional such as an expert property lawyer or a trusted representative whose experience in the area means that there is a lower chance of missing out on vital information. There is a long list of documents that are required to complete a property search report
Deed of Sale is the record that is proof of the transfer of property from the seller to the buyer.
Mutation records show any changes of a land or a property such as when it was sold or inherited and these documents are updated each time the property is transferred by the relevant revenue department.
The plot information and The Parcha is the ancient record written on a piece of cloth that contains the details of the land, its legal heirs and their respective shares. The original Parcha is held in the Tehsil record room and also contains details such as survey numbers and dimensions and is updated every five years.
Title Deed: This is a document that shows the rightful ownership of a property.
Mutation Records: These records reflect changes in the ownership of land or property, such as when it is inherited or sold. Records are updated by the revenue department when there is a transfer of property.
Khanja issued by the B.L.R.O. (Bilhar Land Revenue Office) is land revenue tax or assessment issued by the local governmental authority related to the ownership of the land.
Property tax receipt issued by Municipal Corporation or Municipality which shows that all taxes on the property have been paid.
Sanctioned building plans will give details of any services associated with property such as zoning, services, etc.
Certificate of completion indicating that all building works are finished as per the approved plans and meets regulations.
Court orders or judgements that have been made in favour or against the property.
No objection certificate issued by society which means that there are no objections to the real estate deal taking place.
Property records are important because they help in title verification which determines the legal title of a property and indicates whether there are any disputes or encumbrances attached to it. In order to receive loan approval financial institutions require detailed property records which include any associated documents such as encumbrance certificates when processing loans on homes.
They can show evidence of any legal issues such as unpaid taxes or dues, highlight any disputes so fraudulent activities can be avoided. The ownership history is crucial and can help to verify the legitimacy of ownership and also is beneficial in resolving any legal issues that may arise.
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