Checklist While Buying Land in Pune

If you decide to buy a land you need to be careful to avoid falling into legal hassles. Before buying a land, a number of points to be checked before you confirm that the land has a clear and marketable title. The legal status of the land is one of the first issues that should be addressed before confirming a property. However, please consult the lawyer at every required step while buying the land.Checklist while buying LandTitle deedsSee the title deed of the land, which you are going or planning to buy.- Confirm whether the land is in the name of the seller and that the full right to sell the land lies with only him and no other person.- It is better to get the original deed examined by a lawyer, to check details like whether the seller has permitted any entry/access to others through this land and whether any other fact has been suppressed/left undisclosed by the owner of the land.-Along with the title deed, you can also demand to see the previous deeds of the land available with the seller.-In some cases, more than one person may own the land. So before registering, check if there is more than one owner, and if there is, get release certificate from the other people involved.Conveyance Deed or Sale DeedA sale agreement is a document by which the title of property is conveyed by the seller to the purchaser. Here, conveyance is the act of transferring ownership of the property from a seller to the buyer. This document will help you ascertain whether the property, which you are buying, is on land belonging to the society/ builder/development authority in which the property is located.Tax receipt and billsProperty taxes, which are due to the government or municipality, are a first charge on the property and, therefore, enquiries must next be made in government and municipal offices to ascertain whether all taxes have been paid up to date.- Inspect whether the latest tax paid receipts have been paid.- Enquire with various departments of the municipality to ascertain whether any notices or requisitions relating to the property are outstanding.- If you are buying a house along with the property, then the house tax receipt should also be checked.- Also ensure that the electricity and water bills are up-to-date and if there any is balance payment to be made, ensure that it is made by the seller.Encumbrance CertificateBefore buying any land or house, it is important to confirm that the land does not have any legal dues.- Obtain a certificate called encumbrance from the sub registrar office where the deed has been registered, stating that the said land does not have any legal dues and complaints.- You can check the encumbrance certificate for the past thirteen years or could demand verify the 30 years encumbrance certificate.Pledged landSome people may have taken loan from the bank by pledging their land.- Ensure that the seller has paid back all the amounts due.- Ask for a release certificate from the bank, which is necessary to release all the debts over the land legally.Measuring the landIt is advisable to measure the land before registering the land in your name. Take the help of a recognized surveyor to ensure that the measurements of the plot and its borders are accurate. You could also take the survey sketch of the land from the survey department and compare for accuracy.Purchasing land from NRI landownersA person staying abroad can also sell his land in India by giving a Power of Attorney to a third person authorizing him the right to sell the land on his behalf. In such cases, the power of attorney should be witnessed and duly signed by an officer in the Indian embassy in his province.Power Of AttorneyPower of Attorney is the power given to an agent by the principal to execute several acts and deeds for and on behalf of the principal. Stamp duty payable depends on the nature of power given.When ‘power’ is given in respect of a number of acts in a number of transactions it is called General Power of Attorney. It is always advisable to hold a registered GPA while registering an immovable property in order to give better title to the property.When ‘power’ is given in respect of a particular act pertaining to one transaction it is called Special Power of Attorney.AgreementOnce all the matters, financial/otherwise are settled between the parties, it is better to give an advance and write an agreement. This ensures that the owner does not change his word regarding the cost as well as make a sale to someone else who offers more money.- The agreement should be written in Rs.50 stamp paper.- The agreement should state the actual cost, the advance amount, the time span within which the actual sale should take place and how to proceed in case of any default from either parties, to cover the loss.- The agreement can be prepared by a lawyer and should be signed by both the parties and two witnesses.- After signing the agreement if one of the parties makes a default, the other party can take legal action against him.Stamp DutyIt is tax, similar to sales tax and income tax collected by the Government, and must be paid in full and on time.- A stamp duty paid is considered a legal document and such gets evidentiary value and is admitted as evidence in courts.- Stamp duty is a State subject and hence would vary from state to state.- When an agreement is to be stamped, it needs to be unsigned and undated one may execute the agreement only after the Stamp Office affixes stamps on the agreement.RegistrationRegistration is the process of recording a copy of a document, transferring the title in immovable property to the office of the Registrar. It acts as proof that a transaction has taken place.- A draft should be prepared before actually writing the document in stamp paper. Registration is done after the parties execute the document.- The agreement should be registered with the Sub-Registrar of Assurance under the provisions of the Indian Registration Act, 1908 within four months from the date of execution of the document.- Make sure all the details mentioned are accurate.- Original title deed, previous deeds, Property/House Tax receipts, etc plus two witnesses are needed for registering the property.- The expenses involved during registration include Stamp Duty, registration fees, Document writers/ lawyer’s fees etc.- Make sure that the deed is registered within the time limit mentioned in the agreement.- Stamp duty should be paid prior to the Registration.Changing the title in Village officeThe whole legal procedure of buying the property will be complete only if the new owners name is added in the village office records. An application can be made along with the copy of the registered deed to the Village office to get this done. Purchase of property is a lifetime investment. A lot of care is needed from the beginning- right from site seeing till the registration of the land. Ensure that the documents of title are scrutinized for marketability with due care by an experienced advocate.Torence PlanThis is a property’s detailed plan sketched by a licensed surveyor. Measurements in a torence plan are absolutely accurate in terms of length, width and boundaries. This plan is optional and is applicable only for selected areas of the city.

Check out for Home Buying Guide in India here.

Also check Plots for Sale in Pune here.

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30 Comments

  1. Its a great info. and a good job done from your side. These info. become handy at times where people are almost with 0 knowledge.
    thanks and good luck to you and your company,
    steven menezes

  2. Hi,
    I am planning to buy a NA plot in a fairly old society. The plot is in the name of a late person, however the nominations were not provided in the society. As the plot owner (father) is passed away, the son and his mother are selling the plot. Kindly suggest if its advisable to do an agreement before the titles are changed.

    Thanks,

    • I think you should not buy that property hurriedly as you are going to invest lots of money. You should buy property after they(alleged owners) entered their names to property and even after their names appeared on record of property,it is proper to purchase that property after giving public notice in newspaper because in future there may be possibility that the owner (late person) has any other legal heir and he can claim property because he is legally entitled to it.then the public notice will save you .

  3. Dear Sir/Mam,

    While buying a residential plot if the size of the plot on layout is less that the actual size then what is the process to correct it? In short while Measuring the land the mistake happen in measuring the plot size which is on corner side and it has been registered by first owner with less area then what is the process to correct it? Also is it OK to go ahead with agreement and then later correct the size?

    • @ Sandeep

      Sir,

      What I understood from your query is as under-
      1) That lay-out is sanctioned from the competent authority.
      2) Actual size of the plot is more than what is mentioned in the lay-out table.
      3) The person from whom you are planning to buy-on his agreement less area is mentioned ( less than that of lay-out or less than the actial size).Pl clarify that.
      4) I need to go through the documents .
      5) It is not possible to get the area corrected on the lay-out.
      6) but you can ask the owner to get the area corrected on his sale deed.Because the area which is reflected on his agreement only that much area will be transferred in your favor.

      Regards
      Adv. Mrs. Mrudula Prasad Chitale
      BA,LLB, LLM
      http://www.bharatestates.com/blog/authorcontributor-for-bharatestates-com/

  4. Sir I Want your Guidance for buying a plot in Saphale between virar & Dhannu as i am a lay person can you guide me through email or should i contact you on phone,please give me your contact no my mobile no is 9819583122

  5. sir, i have purshacsed one plot 2000squre feet, seller done registary but h eis not giving 7/12 when we ask him he always give bahane so pls kindly give advise about geting 7/12 of plot

  6. I M purchasing old house in vilage near pune the house land is in father’s name and he is passed now his wife is selling the house how i should proceed so that there should not be any legal problems in future.

  7. I had purchased a 7000 sq ft plot in 2008…
    got th ereh=gistration but i never got the 7/12 later i came to know that the person whom i bought from dosent have his name on 7/12, but the 7/12 copy of the guy he bought from..
    They are not helping me in getting th epossession, then i came to know that the land that they had shown me has already got huts and people on it..

    what can i do now??
    can i apply for the sat-baraa(as i see the registration is genuine)…

    what is the process and what are the legal aspects? pl let me know urgently

  8. HI
    last time i bought land in poona.i got the agreement and did the land purchesing also in tahasildar office .but when i went to register the land on my name in talathi office for sat bara utara the person is saying i cant register on it my name as it is not NA and for agreecultral land you need to have atleast 11 guntha land and in between the seller is absconding so what should i do rt now ?

  9. I like to buy land in pune, which is in R-zone but not NA one. How can I convert it. I have some common quiries as –

    May I know the exact meaning of NA (Non-Agricultural) land? What it includes for residential use??

    Now if I like to buy a land in a residential zone but not NA. Then I can make deal to take on loan.

    Anybody can do the NA. What are possiblities to do NA? How much munimum time expect to convert NA?

    I heard that min. 10,000sq ft or needed to NA, is it true. How can I do min. area as NA.

    One more basic question, people says that if it is a NA, then will get very get themself. Why are unable to do it??

  10. I understood that first I need to buy a R-zone plot then get some constructor or builder for NA, project approval, & last costruction.
    I think that construction plan is need to take from architectures and approve from SDO/Collector.
    I heard that there are a lots of document reqd., long process for approve a development project from bank and govt. office. How we can do it alone.
    I also heard that atleast 3-6month will taken to convert NA.
    My last question was “owners in pune says that if it is a NA, then will get very good rate then they are not doing themself.”

  11. I want to purchase a plot of 3000 sq ft from reputed builder around pune. Its a farm house plot. I have a few querries:

    1)Here the seller is a builder. In this case who can be the owner of the plot (i.e . On whose name the plot can be?): a) Builder (Single Person), b) Builder’s Company (more than one person?), C)any other person?

    2)What are the eligibilities required to purchase farm house plot?

    3)if the plot comes under R-Zone, will it automatically be converted into NA or is there any procedure to convert it into NA?

    4)What documents need to be checked if the plot is to be purchased from a builder/developer?

    5)Is agriculturist certificate needed to purchase a farm house plot?

  13. There are many farmhouse plot schemes around hinjewadi. These are not NA plots. Plot sizes vary from 2000 sqft to 5000 sqft. the land comes under survey number and not gut number. recently there was a news that collector asked not to allow 7/12 for plot sizes less than 10 guntha.builders in this area are still selling such plots with justification that the rule is applicable for gat number and not survey number,and also assisting in getting 7/12 for such plots and i have seen some such 7/12s. my question is are such sale deeds valid. my second question is what is common 7/12 and what is separate 7/12 and what are issues with common 7/12 for plots?

  14. Hi Guys,

    I am planning to buy plot, it is in “Sheti NaVikas” zone. I am planning to construct house for residential purpose.
    The plot is near a village. It is part of small plotting scheme.

    I need your valuable advice for buying land in Sheti NaVikas zone.

    Can you build house in this land?
    How we can convert this land to the NA/R Zone?
    Do we get bank finance for building house on this land?
    Is there any risk of government reservations on this kind of land ?

    I request you to send me these details, please guide me for this.

    Thank you,
    Deepak Chaudhari

  15. Sir/Madam,
    I am planning to buy 1/2 acre plot for farm house from agriculture land. what precautions are to be taken and what documents are to be checked before starting the deal

  16. Hello
    I need to understand whether i can purchase a land that has the owners name in the property card which is not in any brackets[] but also has someone else’s name below the actual owners name.
    There are 2 names on the property card.
    1- original owners name no brackets – i.e. not deleted
    2- xyz person

    the xyz person has introduced his name forcefully.

    All other title documents are clear and with the original owners name.

    the xyz person needs certain documents to prove his title and then remove/bracket the first original owner and that has not yet been done.
    the xyz person is trying to create nuisance value.

    Can the sale deed be executed with the first owner?
    Can the xyz person name be removed as an error in the property card rectified later?

    Regards
    Kaustuv
    9373356696

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