Beware of Double Document Issues

When buying a house or plot in urban or suburban areas, one crucial thing to be aware of is the issue of double documentation. This means there are two registered deeds for the same property. Double documentation is different from fake documentation. Here is a compilation of information provided by real estate legal experts on this topic.

Sale Deeds:

A fake document is an illegal copy of an original deed. Double documentation, however, means that there are two owners and two registered deeds for the same property. Both deeds are registered as legal documents in the sub-registrar's office.

How Does This Happen?

Almost 33 years ago, before 1985, when property ownership was transferred through sale deeds, the new owner's name might not have been updated properly during the land revenue scheme survey in 1985. As a result, the previous owner's name or their heirs' names might still be listed in the UDR (Updating Registry Scheme) records.

Before 1985, the buyer might have only kept the deed without awareness of the need to update the patta (land deed). Sellers, using the patta still in their name, could have sold the same property to someone else through a settlement deed or another sale deed.

Before 1985, property registration processes were manual and not computerized. If buyers had obtained a manual encumbrance certificate and attached it to the original deed during registration, the double document issue might not have arisen.

Patta Lands:

In areas designated as "Natham" (residential areas in villages), properties purchased before the 1995 survey might have the old owner's name in the Natham patta, leading to similar double document issues. During the UDR survey and Natham survey, if the old owner's name was not updated, they could have sold the property to another person, creating a double document issue.

General Power of Attorney:

If a person with a general power of attorney sells a property to someone, and the original owner also sells the same property to another person, a double document issue arises. A general power of attorney given in one registration district might be used to register the property along with another property in a different district, leading to this problem. Therefore, it is advisable to buy properties with a general power of attorney based on legal advice.

Legal Advice is Essential:

Double document issues have been found in properties with UDR pattas, Natham land scheme pattas, general power of attorney, settlement deeds, and other transactions. Considering these factors, it is crucial to seek legal advice before purchasing properties. Real estate legal advisors recommend getting proper legal consultations to ensure the safety of the investment.