What are the points a purchaser should remember when purchasing a property?
• Original documents.
• How did the seller acquire the property.
• Encumbrance Certificate of the property for a minimum period of 15 years from Sub Registry Office to know if there are any encumbrances on the property to be purchased.
• Verify from the concerned court if there are any litigations on the property to be purchased.
• Verify if there are any litigations, objections in revenue, municipal offices about inheritance or any other matter.
• If seller is a power of attorney holder, it should be verified from the principal and if such power of attorney is genuine and whether it is still in force.
• It should be verified whether the transaction is opposed to public policy under Section 22A of the Registration Act, 1908. If so the document will not be registered.
• If the Property is a granted land to the member of scheduled caste and scheduled tribe, it should be verified if the transaction is in contravention of the terms and conditions of grant and whether permission of the Government is obtained for transfer.
What is the purpose of Registration?
• By Registration of transaction of immovable property will become permanent public record. This is a notice to the general public. Those getting transfer of property should verify whether such property has been previously encumbered.
• According to Transfer of Property Act right, title or interest can be acquired only if the deed is registered.
What are the effects of non-registration?
• If a deed of transfer, which is compulsorily registrable, is not registered it will not be admissible in evidence
Who can sign as witness to a document?
• Any person, above 18 years of age and not a party to the document may sign as witness.
Explain the Power of Attorney
• There are two kinds of Power of Attorney.
General Power of Attorney (GPA)
Special Power of Attorney (SPA)
• General Power of Attorney is executed by a person in favour of another to act on behalf of him generally. It may include management of property, Court matter/litigations, sale of mortgage of property or any other act.
• Special Power of Attorney is executed to do a particular act. Power of Attorney holder is answerable to the principal and liable to give accounts to him.
What is meant by Encumbrance Certificate?
• Encumbrance Certificate is a record showing registered transactions pertaining to a property. If mortgage, sale or any other deeds in respect of a property are registered, encumbrance certificate is issued Form No.15.