Dispute relating to a property, often arise through claims from legal heirs, co-owners, disputes over easement rights, wrong representation by the seller, improper description of the property in the title deed, etc. Property disputes are a common occurrence in India.
Ways to avoid property disputes and minimise the risk involved
- Title search
Before buying a property, conduct a thorough verification and examination of the title documents of the property, for at least 30 years. The title search and property verification are generally conducted by an advocate, or a reputed title investigator. Another way of ensuring if the property is legally clear, is to see if it has been approved by leading banks. Banks will only approve of properties, which have legal clearances and valid documents. Also, ensure that the property is not mortgaged.
- Sanctioned plans
You must ask the builder for the sanctioned plan and compare the same with the actual built-up area. Doing this is imperative, because many times, the sanctioned plan is not same as the built area and such a construction amounts to an illegal construction.
While investing in an inherited property, ensure that the name of the beneficiary is mutated in the relevant government or revenue records, depending upon the nature of the property. Ensure that such a property was transferred, with the requisite proof of inheritance – for example, a will, or probate, or letter of administration or succession certificate, or by any mutual understanding. In case there is no will, ensure that the property was distributed, as per the applicable succession laws.
- Sale deed dates
Ensure that the date on the stamp papers, match with the date of transfer of title documents.
- Municipal approvals
Ensure that your house plan has all the requisite approvals, needed from the different departments of the municipal corporation. Make sure that any licenses, if required, have been obtained from the appropriate departments.