Buying property is a significant investment, and ensuring that the property is legally sound is crucial to avoid potential issues down the line. In Kerala, like in any other state, there are several legal checks and verifications that should be completed before finalizing a real estate deal, whether it’s land, a house, or a flat. Here’s a comprehensive guide to the key legal verifications you need to perform when purchasing property in Kerala.
1. Title Deed Verification
The title deed is the legal document that proves ownership of a property. It should be verified to ensure that the seller has clear ownership of the land or property. The title should be free from encumbrances such as mortgages or pending litigation.
How to verify:
- Check the chain of title: Ensure that the title deeds are properly signed and stamped, starting from the original owner to the current seller.
- Ensure that the title deed is registered with the local sub-registrar office.
- Look for the absence of any disputes or claims that could affect ownership.
2. Land Use and Zoning Verification
Before purchasing a property, especially land, verify its land use classification. In Kerala, land is classified under various zones such as residential, agricultural, or industrial, and each zone has its own set of restrictions.
How to verify:
- Check the land records at the local panchayat or municipal office to confirm the land’s current zoning.
- If the land is meant for agricultural purposes, verify that there are no restrictions on converting it for residential or commercial use.
3. Encumbrance Certificate (EC)
The Encumbrance Certificate is a vital document to confirm that the property is free from any legal dues or liabilities, including mortgages, loans, or any financial encumbrances. It proves the property’s clean title.
How to verify:
- Obtain the Encumbrance Certificate from the local sub-registrar office. This document provides a detailed history of any transactions associated with the property.
- Ensure that there are no unresolved loans or mortgages registered against the property.
4. Approved Building Plan and Layout
If you are purchasing a house or flat, you must verify that the property has been built according to approved plans. Unapproved constructions or deviations from the original plan can lead to legal complications.
How to verify:
- Check with the local municipal authority (Corporation or Panchayat) to ensure that the construction plan has been duly approved.
- Ensure that the building is constructed as per the approved layout and does not violate local building codes.
5. Property Tax Receipts and Bills
Verify that the property’s tax dues are clear and up to date. Unpaid property taxes can result in legal issues or even property confiscation by the local government.
How to verify:
- Obtain the latest property tax receipts from the seller and verify that all dues have been paid.
- Ensure that there are no pending tax liabilities associated with the property.
6. Occupancy Certificate (OC) and Completion Certificate (CC)
An Occupancy Certificate (OC) and Completion Certificate (CC) are issued by the local authorities to confirm that a building has been constructed as per the approved plan and is fit for occupation.
How to verify:
- Ensure the property has an OC and CC issued by the local municipal body or panchayat.
- These certificates confirm that the building complies with all local regulations and safety standards.
7. Search for Pending Litigations
It’s essential to ensure that the property is not part of any pending legal disputes or litigation. Any such disputes could hinder your ownership rights or lead to financial loss.
How to verify:
- Conduct a legal search at the local civil court to ensure the property is not involved in any active lawsuits.
- Check for any litigation or court cases involving the seller, which could affect your ownership rights.
8. Legal Heir Certificate (if applicable)
In cases where the property is being sold by the heirs of a deceased owner, it’s important to verify that the Legal Heir Certificate has been issued, confirming that the person selling the property is the rightful heir.
How to verify:
- Ask the seller for the Legal Heir Certificate.
- Ensure that all legal heirs have signed the sale deed, and there are no disputes about ownership among the heirs.
9. No Objection Certificate (NOC) from Authorities
If the property is located in an area under the control of certain authorities (such as a government land, agricultural land, or a property near protected zones), ensure that you have the necessary No Objection Certificate (NOC) from the relevant authority.
How to verify:
- Inquire whether the property is situated in a government-controlled or restricted zone and check whether an NOC has been obtained from the respective authority.
10. Verification of Seller’s Identity and Capacity
Ensure that the seller has the legal capacity to sell the property. Verify the identity of the seller through documents like the Aadhaar card, voter ID, or passport.
How to verify:
- Cross-check the seller’s identity and confirm that they are authorized to sell the property.
- Ensure that the seller is not a minor or mentally unsound, as such individuals cannot legally transfer property.
Conclusion
Buying property in Kerala is a rewarding investment, but it requires thorough legal diligence to avoid future complications. By verifying the title, land use, encumbrances, approvals, tax status, and confirming the seller’s legitimacy, you can ensure that your investment is secure. Always consult with a local legal expert or property lawyer to navigate the complex legalities of real estate transactions and to safeguard your interests.
