Many people believe that simply owning property is enough—whether through purchase or inheritance. They assume that as long as they have the title deed and don’t engage in any further transactions, their property will remain secure. However, this is a serious misconception. Failing to actively manage and monitor your property can lead to unforeseen legal issues, which can drain both time and money. This guide explores real-world examples and explains why regular property oversight is essential.
Property Ownership Isn’t a One-Time Task
It’s common for people to buy land or inherit ancestral property and leave it unattended, assuming it’s secure as long as the paperwork is in order. However, property ownership isn’t passive. There are hidden risks that, if not addressed, can cause major problems. This article highlights why regular vigilance is necessary for protecting your property.
A Case of Carelessness: The Example of a Landowner Near Chennai
A landowner bought an acre of land near Chennai, secured the title deed, fenced the property, and periodically visited to check on it. From his perspective, everything was secure. However, when the government recently digitized property records, the title deed was transferred to someone else’s name during the update process. The new titleholder even used this fraudulent title to secure an agricultural loan. The landowner was unaware of this until it was discovered by chance, causing him great distress. Now, he is making frequent trips to the revenue office to correct this mistake. This situation could have been avoided by regularly checking online records.
Mistakes in Documentation: A Story from Tiruppur
In Tiruppur, a landowner purchased property, updated the title to his name, and installed fencing. His survey number was 17. However, when another individual filed a legal mortgage case for a different property with the survey number 71, a clerical error occurred, mistakenly registering the case under survey number 17. This mistake went unnoticed for two years until the actual owner, on a friend’s suggestion, checked the Encumbrance Certificate (EC). He was shocked to find that a mortgage case had been filed against his land. Now, he is also making trips to the Sub-Registrar’s office to correct this error. A simple annual check of the EC could have prevented this issue.
The Importance of Regular EC Checks
It’s crucial to check your EC at least once every six months to ensure that no unauthorized transactions or errors have been recorded. This can help you catch any mistakes or fraudulent activities early on, saving you from future legal battles.
The Perils of Trusting Others: A Case from Coimbatore
A property owner in Coimbatore had an ancestral home with all the necessary documents—title deed, tax payments, and electricity bills—in his name. He entrusted the property to a relative, who lived next door, to manage in his absence. The owner only visited the property once a year. Over time, the relative created unregistered lease agreements for the property, forging the owner’s signature, and rented the house out for years. Eventually, the relative filed a court case under the tenancy law, claiming the right to purchase the property. The actual owner is now embroiled in a lengthy legal battle. This situation could have been avoided if the owner had managed the property himself and not left everything in the hands of others.
Neglecting Property Can Lead to Fraud
In another case from a village near Salem, a property owner rented out his village house to a tenant who paid rent every six months. For over ten years, the owner never visited the property but collected the rent diligently. Meanwhile, the tenant found it difficult to sell a nearby piece of land due to access issues. So, he decided to fraudulently sell the rented house, using the adjacent land as part of the deal, even though he didn’t own it. The buyer moved into the house, unaware of the fraud. The original owner remained oblivious, as the tenant continued paying rent. Only after an investigation did the owner realize what had happened. Now, a legal dispute is underway to reclaim the property from the buyer.
Frequent Property Visits and Regular Oversight Are Essential
It’s critical to not only check documents such as title deeds and ECs regularly but also to visit your property often. Don’t rely on others to pay taxes or utility bills on your behalf. Handling these responsibilities yourself ensures you stay informed about the status of your property and can prevent fraudulent activities.
Static vs. Dynamic Properties
Many people purchase vacant land, expecting its value to appreciate over time. While this may be true, land left unattended and unmanaged can invite trouble. Instead, it’s better to treat properties as dynamic assets, generating income through rental agreements, agricultural activities, or commercial endeavors. Actively using your property not only increases its value but also ensures that it remains in your control and is less susceptible to fraudulent claims.
Conclusion
Owning property is not just about possessing documents and occasionally checking on it. Property, like any other asset, requires active management. Regularly checking records, ensuring proper maintenance, and staying informed about the status of your property can save you from expensive legal battles and sleepless nights. Don’t let your property sit idle—manage it well, and it will reward you in the long run.
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