In this article, we will discuss the complexities of buying a property and why should a real estate lawyer be appointed for this whole process.

• The process of buying a property for a layman is a complex matter because it takes a lot of thinking to narrow on a particular one which is away from any encumbrance or any problem and difficulty.
• In order to ensure that such a complex process goes easy for the buyer with regard to money, an expert should be hired, who do this on a daily basis and has experience in it.
• There are many agents and dealer in this field of real estate, but they also cannot be relied, as many times they fool their customers. The agents make them believe that there are no better options available but one particularly.

There are some things which only a lawyer can perform effectively and efficiently, they are –

1.    Clear and transferable title of the seller – Firstly it should be ascertained that the seller is having a clear, complete and transferable ownership rights in the property. This is because a person cannot transfer a better title than he himself enjoys. This has to be verified by the perusal of the “Mother deed” and the title ending chain with the seller that is selling presently.

2.    Title search and records of right – After seeing the information available in the mother deed, a search should be conducted regarding the records with various government bodies and offices like Public Index in the Municipal office, local office of registration, land reform office etc. This done to verify and confirm that the present seller is the real owner of the property and has the right to transfer the ownership of the property.

3.    Encumbrance charges check – It is also very essential to check whether the property that is proposed to be bought is not encumbered with charges as security against any money taken as loan from banks etc. by the seller. In order to transfer the right title and interest in an encumbered property, it is required that the charged is released.

4.    Search for litigation – It also has to be checked that the property is not involved in any litigation matter.

5.    Search for Requisition/Acquisition – With the land acquisition office, it has to be checked that the property is not under any notice of requisition or acquisition.

6.    Search for Statutory Acquisition – It is important to check for all the necessary approvals from the relevant authorities. An approval like sanctioning of site plan is necessary and should be ensured carefully.

7.    Precaution in immovable property – Extra precaution should be taken if you are buying any immovable properties of minor, trust, widow, lunatic etc.

8.    Properties having Power of Attorney – The property in issue might have been developed by real estate developers, under Power of Attorney, on plots of land belonging to different land owners or the property might have been sold by the seller in a fiduciary capacity under POA in cases of the auction sale.

9.    Sales Agreement preparation – It is mandatory to prepared a sale agreement, which is a primary legal document. All the parties involved in the transaction should sign it. In case of breach, a legal action can be brought against the person who breaches.

10.  Draft Conveyance Deed - At the appropriate time and with the mutual consent, a draft conveyance deed should be drafted. It is for the approval of all the parties. It must be checked and approved by the lawyers of both the parties.

11.  Final Conveyance Deed, Execution and Registration – After the registration is done, the conveyance deed and receipt of the original deed is complete; the buyer will become the new owner of the purchases property. 

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