Yato Dharmastato Jayah
- motto supreme court of India
- motto supreme court of India
Yato Dharmastato Jayah - motto supreme court of India
Vidya Devarajan
B.Sc., L.L.M, Master's in Cyber Law
Advocate at High Court of Madras
Trusted Legal Advisor for NRI's
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Property Registration
FAQ: Real Estate Transactions and Title Search
I have aged parents who cannot travel. We are planning to sell a family property in another Indian state. How can we carry out this transaction?
If your parents are unable to travel due to health reasons, they can execute a Special Power of Attorney (SPOA), appointing a trusted family member or individual to act on their behalf. The SPOA must be signed and notarized in the state where your parent resides and then registered in the state where the property is located. The appointed agent can handle the sale and registration of the property in another state.
I own property in a different state but can’t travel due to health issues. How can I manage the sales?
You can appoint a trusted individual as your agent using a Special Power of Attorney. The SPOA can be executed in your current jurisdiction, allowing your agent to handle the sale and complete necessary transactions without your physical presence.
What are the safety measures while buying property? How can I avoid legal disputes?
- Conduct a title search to ensure the seller has clear ownership
- Verify the property’s title and ownership history (e.g. loans or disputes) by checking the encumbrance history of the property
- Ensure clear property boundaries and have a registered sale deed in your name.
- Execute legal wills and partition deeds to avoid future inheritance conflicts whenever necessary
- Ensure that the patta is transferred to your name immediately after the sale is registered or immediately after the inheritance (in case of inheriting the property)
- Ensure that property taxes and electricity connections are transferred to your name and other dues are paid up to date.
What is an encumbrance (EC) on property, and how does it affect a sale?
An encumbrance refers to any legal claim or liability attached to a property, such as unpaid loans, mortgages, or legal disputes. If a property has an encumbrance, the buyer may face complications, such as being liable for outstanding dues or losing rights over the property.
How can I check if a property has any legal disputes or encumbrances?
Conduct a title search at the local registrar’s office. You can also obtain an Encumbrance Certificate (EC), which provides details of all transactions, and any outstanding mortgages or disputes linked to the property.
What is a mutation/patta transfer in property law, and why is it necessary?
Mutation (patta transfer) refers to the process of updating ownership details in the revenue records after a property sale or inheritance. It is necessary for tax purposes and establishing clear ownership, although it doesn’t constitute legal ownership by itself.
FAQ: Non Resident Indians
I’m an NRI residing abroad. I want to buy property in India, but I cannot travel. What are my options?
As an NRI, if you cannot travel to India for a property transaction, you can execute a Power of Attorney (POA) to appoint a trusted individual, such as a family member, to act on your behalf. This allows them to complete the property purchase and registration in India.
As an NRI, will I be able to buy agricultural land in India?
No, as an NRI, you are generally not permitted to purchase agricultural land, plantation properties, or farmhouses in India. NRIs are allowed to buy residential or commercial properties. For agricultural land, special permission from the Reserve Bank of India (RBI) is typically not granted.
Can I buy property in India as an NRI by appointing a relative to handle the registration through a General Power of Attorney?
Yes, you can appoint a relative as your agent through a GPA to complete the property purchase in India. After notarization by the notary officer in your country, the GPA needs to be registered in India, allowing your relative to complete the property transaction on your behalf.
** the answers provide above are generic questions we've received from our clients. We advise you to contact an advocate and get a legal advice for your situation before proceeding with any further actions.
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