Nisha Achuthan
Do you wonder if you need to hire a property lawyer to assist you in your first home purchase? Answer is – it helps to have a legal opinion. For first time home buyers, many legal aspects could be unfamiliar territory. A property lawyer can guide you through the process and help you navigate unforeseen legal tangles.
Titles and Records
For a hassle-free home purchase, the title to the property must be clear and have transferable ownership rights. A lawyer can help you examine the title deed in detail to ensure there are no anomalies. The seller’s claim to the property needs to be checked by perusing various records. This is done by cross checking with the municipal office, land reform office, and local registration office among others.
Encumbrances
You must avoid buying properties that have been used as security for loans. Law attorneys usually check the Mother Deed to ensure there are no such encumbrances and that any existing previous ones have been released.
Litigation
Properties for sale must be free from litigation. This can be verified by checking with the office of the registrar or sub-registrar as well as the relevant courts.
Requisition/acquisition
Properties that are transferred while under notices of requisition/acquisition are considered null and void. This aspect must be checked before considering a purchase.
Statutory approvals
During the development phase, the developer is expected to obtain approvals from the planning authority, land development authority, environment clearances, income tax and so on. In the absence of these, rethink your decision to go through with the purchase.
Sale agreement
Once signed, a sale agreement is a legal binding document that both parties are obligated to execute as per the details mentioned. Details of the property, the parties, terms and conditions and so on are set out clearly with guidance from legal counsel. It is absolutely crucial to get this right since errors can mean a whole world of trouble during or after the transaction.
Conveyance deed
For the purpose of registration, a conveyance deed draft is prepared transferring the rights to the property from buyer to seller. All terms and information must be identical to that of the sale agreement. Lawyers representing both parties check this draft to ensure that there are no misrepresentations or errors.
For first-time home buyers, manoeuvring through the entire process can seem quite intimidating. A lawyer can help simplify these processes.