Checklist Before Buying a Property

When a piece of land comes up for sale, here are the steps you should follow immediately:

1. Check the Computerized EC (Encumbrance Certificate) from 1975:

   - Obtain the computerized EC from 1975 onward.

   - Also, get the manual EC from 1908 or 1858 if possible.

   If the EC shows zero value, it indicates that the land is government land, wasteland, or encumbered land, and you should avoid purchasing it.

2. Double Document Land:

   - Avoid properties listed under a Power of Attorney (POA) as they may lead to double documentation issues.

   - If you must buy a POA property, verify if the person who granted the power is alive and mentally sound. Meet the grantor in person and verify the POA's validity.

3. Will Document Land:

   - Verify if the land ownership has been transferred through a will.

   - Ensure that the will is the last and final will. Check with the seller’s relatives for any unregistered wills that might cause legal complications.

4. Settlement Document Land:

   - Check if the settlement deed has been canceled. If a settlement deed has been canceled by a civil court, it is legally valid.

   - Avoid lands with settlement deeds canceled through the registration office, as they may cause future disputes.

5. Unupdated Patta:

   - Ensure that the patta (land document) is updated to the current owner's name. Lands with old patta names may have disputes if heirs sell the property without updating the patta.

6. Layout Approval:

   - Verify if the land is a natham land or a layout plot. For DTCP or CMDA-approved plots, check the approval number on the official website or visit the local planning authority office.

   - Ensure the layout plan includes all necessary provisions like parks and schools. Avoid layouts where these provisions have been illegally redrawn.

7. EB and Property Tax:

   - Confirm that the property tax and electricity (EB) bills are in the seller's name. If not, ask the seller to update them before completing the purchase.

8. Patta in Seller's Name:

   - Verify that the patta is in the seller’s name. For joint patta lands, ensure the property is divided among the co-owners clearly.

9. Land Classification:

   - Check the land classification (wetland, dryland, wasteland, etc.). Avoid lands classified as government land, common grazing land, or reserved for public use.

10. Previous Ownership:

   - Investigate the land’s history to determine if it was previously owned as zamindari land, inam land, or ryotwari land. Check the relevant records at the VAO, taluk, and collector’s office.

11. Manual EC:

   - Obtain the manual EC from 1950-1965 to check for any historical records of the land being granted as a gift or under government schemes.

12. Revenue Records:

   - Request copies of A-Record, OSR, RSR, SLR from the VAO, taluk, and collector’s office to verify the land’s history and classification.

13. Court-Attached Properties:

   - Avoid properties attached by the court. Check for any court seals on the original documents.

14. Legal Opinion:

   - Consult a good civil lawyer to review all documents and provide a legal opinion.

15. Surveyor Check:

   - Hire a government-registered surveyor to measure the land, check for encroachments, and provide a detailed survey report.

16. Document Writer:

   - Use a certified document writer to draft the sale deed. Verify their credentials and experience before hiring.

17. Local Inquiry:

   - Speak to neighbors and local residents about the land and the seller. Verify if there are any disputes or encumbrances on the property.

18. Encumbrance Check:

   - Check at the sub-registrar office for any encumbrances or legal restrictions on the property.

 Additional Valuable Points:

Verify the Approval: 

For layouts, ensure the approval from DTCP or CMDA is genuine and current.

Check for Government Projects: 

Inquire if there are any government projects planned for the land area that could affect its use.

Non-Saleable Lands: 

Avoid lands categorized as temple lands (HR&CE), inam lands, or those under land ceiling acts.

Confirm Zoning and Usage: 

Verify the zoning regulations and permissible uses for the land.

Encroachment and Disputes: 

Check for any ongoing disputes, encroachments, or illegal possessions of the land.

Historical Data: 

Obtain as much historical data and records about the land as possible to ensure clear title and ownership.

Government Notices: 

Ensure there are no pending government notices or acquisition plans for the land.

Transparency in Transactions: 

Maintain transparency in all transactions and documentation to avoid future legal issues.

By following this comprehensive checklist, you can ensure a safer and more secure property purchase, avoiding potential legal and financial pitfalls.