Buying a plot of land can be a complex process involving much documentation and verification. However, having a handy checklist for buying a plot can make the process easier. Here are ten essential tips to help you make the most of your land-buying experience.
1. Understanding land use approvals - In India, all land is classified as "agricultural land" unless specified otherwise. If you are looking to buy a plot of land for any purpose other than agricultural purposes, it is important to find out if the land has an NA order or an NA certification. When the land is used for other purposes, the land revenue department has converted the land with an NA order. Now, looking at the NA status is important to check if it is appropriate for your use. The different types of NA are -
- NA - Residential
- NA - Commercial
- NA - IT
- NA - Warehouses
If you are looking to construct a residential property, you want land that has an NA - Residential order.
2. Building Approvals - Apart from this, if the land you plan to purchase has a building or structure, one of the items on your checklist for buying a plot should be verifying the permits and approvals for the construction of the building. This could include commencement and completion certificates issued by the municipal corporation.
3. Title check - In a recent judgment, the Supreme Court of India ruled that a sale agreement, even when registered, does not transfer ownership of the property. In the case of land property, in particular, the sale deed registration is not adequate to establish ownership, and a mutation of the land title must be made. Before buying a plot of land, it is important to check the title documents and verify them through the land revenue office. This can be done in many states through the state government's website. It is important to check if the seller is the sole owner and has full rights to sell the property.
4. Encumbrance certificate - Next on your checklist for buying a plot is obtaining an encumbrance certificate. This is issued by the local sub-registrar's office. After submitting an application and a fee, the office will issue a certificate proving that the plot of land has no claims or disputes for the period specified in the certificate.
5. Sale deed – Checking the sale deed of the seller and verifying if it was registered and if the stamp duty was paid is an essential task at this point.
6. Property tax receipts – Before buying the land, checking the original receipts of the property taxes paid is essential. Ensure that these are completely paid till the date of transfer. It is also essential that the seller provide a copy of the Khatha maintained by the local civic body.
7. FSI of the land – If you want to buy a plot of land and intend to construct a building, it is important to check the FSI or Floor Space Index. Each city and town specifies the FSI, which measures the area of construction permitted in relation to the plot size.
8. Release certificate – If the seller had previously mortgaged the land and taken out a loan, getting a release certificate from the lender is important. This proves that the lender has no claims to the land and that the ownership can be transferred.
9. Public notice - In some states, it is essential to issue a public notice before purchasing the plot of land. This notice must be published in an English and a local language newspaper. The notice invites any interested parties or stakeholders to come forward before the land sale. This process helps resolve third-party claims or disputes before the sale is finalised.
10. Lease and tenure check - Before buying a plot of land, check if the current owner has leased or rented out. If there is an ongoing lease, you must understand more about the terms and conditions of the lease to make an informed decision.
Conclusion
Performing due diligence is crucial when purchasing any property to safeguard your investment. Seeking the assistance of a real estate lawyer who specialises in investment can be beneficial in decoding complex legal documents.
