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Property Lawyer

Comprehensive Guide to Property Document Verification in India

For most people, property purchase is the most important milestone in their lives; however, if proper steps are not followed, it can inevitably prove risky. One of the most significant aspects of this process is property document verification. It puts your mind at ease knowing that the property will not be a disputed one in the future and that it will be worth your investment in due course. This guide tells you all about property document verification, from the importance of it through the process, the documents needed, how long it takes, and how the role of professionals makes all this more convenient.

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Why is Property Document Verification Necessary?

Property verification safeguards the buyer by ensuring the legality of the purchase and disallows complications regarding that property in the future. Here are some of the reasons why property verification must be conducted:

  1. Gives Legal Clarity: Property document verification guarantees that the title is free from any disputes or litigation.
  2. Applying for a Loan: A clean verification report is required to get a home loan from any financial institution.
  3. Validate Ownership Rights: It ensures that the seller has complete ownership rights and legal authority to sell the particular property.
  4. Prevent Fraud: It protects the buyers from false, forged documents or any other kind of fraudulent activities.
  5. Prevents Double Selling: Property verification settles that the seller has not sold the property to other buyers.
  6. Protects Your Investment: Not investing in a million-dollar lost asset might just cost a fortune.

When Should You Verify Property?

Verification of property ownership forms a strong basis for the whole procedure of property acquisition. These are some instances where property document verification becomes necessary:

1. Before Purchasing a Property: 

This is one of the most common situations that call for property verification. Before buying a property, it is essential to make sure that the seller is the genuine owner, that the property is free of encumbrances, and that its legal standing is in order.

2. Inheritance of a Property: 

Whenever someone inherits a property, it is better to verify the documents to check their legal claim to the property. Such verification ensures that there is no dispute over the property.

3. Before Applying for a Home Loan: 

Many banks and financial institutions will do verification of the property as the essence of legal ownership before approving a home loan application, thereby protecting their interests.

4. Before Leasing or Renting a Property: 

Before leasing or renting a property, ensure that all property documents are verified, which would help identify whether the landlord was an actual owner and prevent possible legal complications.

5. Before Investing in any Property: 

For the investor buying property for rental or resale, verifying the legality of such property will guarantee that their investment will not be nullified through any complication.

6. Before Converting Agricultural Land: 

When planning to convert agricultural land into residential or commercial land, property verification ensures that the conversion is legitimate and legal. 

Step by Step Process of Property Document Verification

Here are the 7 basic steps to conduct property document verification:

Step 1: Gather Documents 

The first step is to collect all documents related to the property, which includes sale deeds, encumbrance certificates, and property tax receipts.

Step 2: Ownership Verification 

Check the title deed to ensure the seller has valid ownership and that previous sale deeds show continuous ownership.

Step 3: Encumbrances Check

Get an encumbrance certificate in order to ensure that no loans, mortgages, or dues owed have been levied or linked to the property.

Step 4: Building Plan Verification

When buying a property in built form, check whether the building has been constructed according to the approved plan along with the zoning laws.

Step 5: Check Legal Document

Lawyers should check the documents for genuineness and compliance with all property laws.

Step 6: Field Verification

Verification should be conducted on the ground by the buyers themselves, matching the details mentioned, like boundaries, dimensions, access, etc.

Step 7: Registration Verification

Check that the property is duly registered with the sub-registrar’s office and that all the permissions and approvals regarding the property are in place. 

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Property Document Verification Online Process

Online property verification in India has been made easier with the digitisation efforts of the government. Follow these 6 steps to conduct an online verification:

1. Visit the Local Government Website

Access the state-specific land records or municipal records portals, such as Bhulekh (Maharashtra) and Bhoomi (Karnataka).

2. Enter Property Details

Enter necessary details like property address, survey number, or khata number to locate the property in the system.

3. Verify Ownership and Title

Check for ownership and title to make sure there are no legal claims or disputes.

4. Review Tax and Encumbrance Details

Review the property tax payables and ensure there are no encumbrances such as unpaid loans or legal liens.

5. Download and Save Documents

Save copies of verifiable documents in digital form, such as title deeds and encumbrance certificates, for future reference.

6. Seek Legal Help

Verifying complex legal details can be difficult. Contacting a Zolvit’s property lawyer can help you verify documents without any hassle. 

Documents Required for Property Document Verification

This list gives all the necessary documents for thorough property verification:

  1. Sale Deed: Evidence of the property transfer from the seller to the purchaser. This deed is to be registered with the sub-registrar’s office.
  2. Sale Agreement: This stipulates the terms for the sale of the property.
  3. Encumbrance Certificate (EC): Proves the property is free of loans or mortgages.
  4. Khata Certificate: Confirms ownership and registration after tax payment.
  5. Power of Attorney: Empowers the seller to act on the owner’s behalf.
  6. Will or Partition Deed: Needed for inherited properties or family splits.
  7. Relinquishment Deed: Used when giving up ownership.
  8. Chain of Documents: Includes past deeds showing ownership history.
  9. Bylaws and Construction Approval: Validates compliance with local codes.
  10. Mortgage Documents: Outlines the status and details of loans on secured properties.

Time Required for Property Document Verification

The time frame for checking property documents will generally depend on several factors, such as:

  1. Type of Property: Generally, residential properties may take less time to verify than commercial or industrial properties.
  2. Location: This could add time if the property is located in remote locations that have limited access to records and documents.
  3. Existence of Records: Properties that have had long or complex ownership histories may take longer, as a thorough check may be needed to gather all records.
  4. Complicated Transaction: Verification of ownership exists when a property has multiple owners or is mortgaged, and this procedure tends to take longer.

On an average basis, property document verification takes anywhere between 7 and 15 days. It might take longer if the cases are complex or if the properties have incomplete records. 

Legal Assistance for Property Document Verification

Although property documents may be verified independently by a buyer, getting legal assistance is advisable for the following reasons:

  1. Expertise: Legal professionals know the relevant property laws and can identify hidden issues in documents.
  2. In-Depth Reviews: Meticulous review of documents for authenticity and legal compliance is done.
  3. Fraud Detection: Professional expertise allows them to find fake documents or undisclosed liabilities that may not be obvious to an untrained eye.
  4. Legality: The property complies with all applicable state laws and regulations to minimise disputes later.

How Zolvit Can Help

Zolvit provides end-to-end support in the verification of property documents so that the buyer may invest safely. We help in:

  1. Comprehensive Document Checks: We will check all legally necessary documents such as sale deeds, encumbrance certificates, and title deeds.
  2. Legal Support: Our experienced legal professionals can guide you through property laws and ensure that all documents comply.
  3. Time-Efficient Process: The verification process can be done in no time with the help of online legal experts.
  4. End-to-End Support: From documentation to registration, we assist you in every step of the purchase of property.

With Zolvit, you can focus on finding your dream property while we handle the legal complexities.

Conclusion

Property document verification is an essential step in the property-buying process. It ensures your investment is secure, protects you from legal disputes, and provides peace of mind. Whether you’re buying residential or commercial property, verifying all documents with the help of legal professionals is the best way to avoid future complications.

FAQs Related To Property Document Verification

Yes, you can verify property documents for properties located in other states by accessing the respective state’s online land records portal. You can also engage a local lawyer for assistance with verification in person.

To confirm this, you can request the building’s approved construction plans from the local municipal authority. A legal professional can also help verify that the property complies with local zoning and building laws.

Yes, you can conduct property document verification remotely by accessing online portals, contacting legal professionals, or working with a real estate agency that can handle the verification on your behalf.

If the seller does not provide all required documents, it’s a red flag. It’s best to ask for them before proceeding with the purchase. If the seller refuses or cannot provide valid documentation, reconsider purchasing the property.

Yes, it is possible. However, properties with multiple ownership transfers require a more detailed verification process to trace the chain of ownership. This may take longer as you’ll need to review each transfer document carefully.

If the original documents are lost, the seller should provide a copy of the FIR (First Information Report) filed with the police and an indemnity bond. You may also need to verify the property using other supporting documents, such as revenue records.

About the Author

Ramesh Chandran, a Senior Legal Consultant at Zolvit (formerly Vakilsearch), specialises in labour, civil, consumer law, and constitutional issues. With 15 years of experience advocating for clients' rights and writing insightful content, he has successfully complex legal landscapes. His commitment to upholding the law and advocating for justice has earned him a reputation as a trusted advisor in the legal community. He continues to inspire confidence and clarity through his expert guidance.

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