Introduction
When buying property, it is crucial to handle the documentation meticulously to avoid future disputes and complications. One essential step in this process is obtaining a separate receipt for all land documents from the seller. This article outlines why it is important to issue such a receipt and the potential issues that may arise if this step is overlooked.
- Original and Duplicate Documents: During the property transaction, the seller
will provide you with all original pattah documents, including any duplicates, as well
as other relevant documents such as old UDR pattahs, settlement documents, and land
maps. These documents may also include revenue records like A-Register, Chitta, and
Adangal. Additionally, if there are any court decrees related to the property, the seller
should hand over the related sale certificates as well. - Additional Documents: The seller should also provide documents related to land
taxes, water rights, rent receipts, electricity bills, and any government grants related to
the property. These documents may include both originals and copies. - Receipt Acknowledgment: It is common to have a clause in the sale deed where
the seller acknowledges receipt of all original and duplicate documents. However, this
acknowledgment might not detail which specific documents were received. As a
result, the acknowledgment might not include a comprehensive list of all documents. - Potential Oversight: During the transaction, your primary focus might be on the
sale deed and financial transactions. Consequently, you may not pay sufficient
attention to the pattah documents. Later, when you need the documents for bank
loans, building permits, or other purposes, you might find that some documents are
missing. - Difficulty in Retrieval: If you discover missing documents after the transaction is
completed, locating the seller might become challenging. The seller, who was
previously accessible, may now be difficult to contact or uncooperative in providing
the necessary documents. - Possible Seller Response: Even if you manage to contact the seller, they might
provide you with minimal assistance or claim that all documents were handed over as
per the sale deed. This situation could force you to search for documents on your own,
incurring additional time, effort, and expense. - Receipt for Document Receipt: To mitigate such issues, it is advisable to request
a separate receipt from the seller acknowledging the receipt of all documents. This
receipt, known as a “Jabitha,” should detail each document received, including serial
numbers, document dates, descriptions, and whether they are originals or copies. - Jabitha Details: The Jabitha should include a detailed table listing each document
in order, specifying whether it is an original or copy, and any additional notes. If there
are multiple receipts, they should all be listed and acknowledged as received. - Practice and Importance: Currently, many document writers and lawyers do not
prioritize issuing such a Jabitha, and it may not be a common practice. However,
issuing a Jabitha is a crucial step that can prevent future issues related to missing
documents. - Advantages of Jabitha: By creating and obtaining a Jabitha, you reduce potential
headaches related to missing documents after the purchase. The receipt provides a
clear record of what was handed over, making it harder for the seller to deny
providing any document in the future. - Example and Reference: A sample of the Jabitha receipt can be found in the
“Examples” section of this book.
Conclusion
Issuing a separate receipt for all land documents at the time of property purchase is a crucial practice that can save buyers from future complications. By ensuring that all documents are accounted for and properly acknowledged, buyers can avoid potential disputes and ensure a smooth property transaction process.
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