When buying properties, it is common for individuals to rely solely on close friends for
advice and refrain from seeking broader opinions. Many people admit that they lack a deep
understanding of real estate or land, thus they only heed the words of real estate agents. Such practices are fundamentally flawed. Decisions should be made based on a variety of opinions to ensure you are fully informed. You should be aware of any potential issues with the property you are purchasing, rather than discovering them after the fact. It is crucial to
understand that properties should be purchased through informed decisions, not simply sold
to you. For this reason, it is essential to seek advice and opinions from the following sources:
Village Administration Officer:
When considering a property purchase, consult with the village administration officer.
Provide the details of the property and inquire about any land ceilings, urban land ceilings,
government land acquisitions, or confiscations. Check the village account field register for
any other names listed. Verify in the ‘A-Register’ or ‘Chitta Register’ if there are any
government orders or court orders noted in the ‘Remarks’ section. This information is critical
and should be obtained from the village administration officer.
Surveyor:
If the property is under joint ownership, ensure there are no complications in subdividing and
obtaining a separate patta after the purchase. Before buying, check with the surveyor for any
shape defects, measurement errors, or issues with excess land. It is prudent to seek their
expert opinions prior to making a purchase.
Lawyer:
Provide the property documents to a qualified lawyer to check for any legal complications.
Ask if there are any obstacles to the transfer of property rights between documents. Even if
documents such as wills, donations, partition deeds, or powers of attorney exist, verify if
there are any ongoing court cases or restraining orders that might cause future issues.
Detailed legal advice should be sought to ensure a thorough understanding of any potential
legal challenges.
Sub-Registrar:
Visit the sub-registrar office relevant to the property location to verify the government
guideline value of the land/building. Check if there are any pending document registrations
due to insufficient stamp duty under section 47(A). Ensure that there are no government or
departmental orders or restraining petitions on the property.
Approval Authorities:
Confirm the authenticity of plot/building approvals by visiting the offices of relevant
approval authorities such as the Chennai Metropolitan Development Authority (CMDA),
Directorate of Town and Country Planning (DTCP), Local Planning Authority (LPA), and
Hill Area Conservation Authority (HACA). Verify that the approval number is genuine and
that the survey numbers and area provided match the property in question.
Real Estate Agent:
Consult with the real estate agent to understand recent property prices in the area. Inquire if
anyone previously attempted to purchase the property and whether the seller is a land dealer,
homeowner, or investor. Understand the reasons behind the sale. Additionally, check if the
property has been seized by authorities such as CIBIL due to economic crimes related to
entities like Kalai Magal Sabha, Sterling, Anubhav, etc.
Neighbours:
Engage with the property’s neighbours to gather information about the seller’s family and
background. Check if the seller has multiple heirs, any missing or distant heirs, daughters
married outside the caste, or illegitimate children from multiple relationships. This
information can provide a clearer picture of potential issues.
Court Judgments:
While the aforementioned points are essential, real estate transactions can involve unresolved issues like legal disputes with the Waqf Board, Hindu Religious and Charitable Endowments, donated lands, Panchami lands, and land reform ceiling issues. Some of these have court judgments, while others are pending in the Supreme Court. If the property involves significant legal complications, consider these court judgments before proceeding with the purchase.
Conclusion
Purchasing property is a significant investment that requires careful consideration and
thorough due diligence. By consulting with a variety of experts, such as village administration officers, surveyors, lawyers, sub-registrars, approval authorities, real estate agents, and neighbours, you can gain comprehensive insights into the property’s legal, structural, and market status. Understanding and addressing potential issues beforehand can prevent future complications and ensure a smooth transaction. Informed decision-making, backed by professional advice and legal clarity, is crucial to making a wise and secure investment in real estate. By taking these steps, you can confidently navigate the complexities of property purchasing and protect your interests.
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