Hence it’s really important for the buyer to know all the legal procedures for a peaceful possession. He must be very mindful of the threats involved in the property buying process. To protect his interests as a property buyer and save himself from any legal obligations involved in the process, seeking assistance of an experienced property lawyer is absolutely necessary. In this article, we are going to discuss why it is important to involve a property lawyer while buying a real estate property and how he can save you from any unexpected legal complications.
Duties of a Property Lawyer in Kolkata During Sale/Transfer:
Let’s take a look at how a property lawyer in Kolkata will ensure a relaxed property buying procedure.
- The property lawyer will ensure that the seller has clear and transferable ownership rights of the concerned property. The “Mother Deed” and sale deed will confirm the clearance of the title.
- Based on the mother deed and sale deed, the property lawyer will confirm if the seller is entitled to transfer the ownership rights of the property by checking the documents with multiple government authorities such as the regional registration office, Public Index in the municipal office, Land Revenue office, Land Reform office etc.
- The property lawyer must ensure that the property in question is not under any kind of mortgage or any other legal obligations or commitment. In short, there must not be any sort of encumbrances.
- It is the responsibility of the property lawyer to verify the documents with the Registrar/ Sub-Registrar and local jurisdiction court to ensure that the concerned property is not under any litigation.
- The property lawyer will search for any kind of requisition/ acquisition notice over the property because this kind of property transaction is considered to be null and void.
- The property lawyer in Kolkata should also search for statutory approvals, such as sanctioned building plan, environmental clearance, income tax clearance and other such approvals from government agencies that ensure the validity of the sale/ transfer.
- The property lawyer in Kolkatawill take extra precautions while dealing with transactions of the properties related to any trust, widow, minor, lunatic and if any of the partiesaregoverned by Muslim Law or Hindu Law.
- In case of a Power of Attorney(PoA) sale/ transfer, the property lawyer should be very careful to ensure that the sale/transfer is not invalidated due to a recent 2011 Supreme Court judgement that restricted transfer and buying property through PoA.
- The property lawyer is also required to help the buyer to draft the “agreement to sell” and sale deed, along with any other necessary documents.
- The property lawyer is also responsible for registering the sale deed in presence of two witnesses at the Registrar/ Sub-Registrar’s office.
- Upon the completion of all the above-mentioned duties, it is important to incorporate the buyer’s name in the “Records of Right” maintained by the Land Revenue Office of local jurisdiction and local municipal office or panchayat office. This process is called Mutation and it should be the responsibility of the property lawyer.
There are so many legal concerns involved in a property buying process that it is almost impossible for a layman to handle on his own. That’s why while buying a property in Kolkata it is of utmost importance to consult an experienced property lawyer to guide you in the right direction. For more information contact here or email [email protected] with your queries.