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Need advise on property purchase


07-Nov-2023 (In Property Law)
I have planned to purchase a property and the deal is done & paid an advance amount & got the Agreement deed signed by the Owner. Here are my few clarifications still . 1) The owner is Rtd. Govt employee and he told me that he mortgaged property twice.1st is released and 2nd i should release it.The Sales deed & Linked documents are clear.The EC also reflects the same about the 2 mortgages. But he has not revealed to any of his neighbors that he is selling his property. Should i give a Public notice inviting claims before releasing property with 2nd pay as i am doubting something ? If yes should i take his consent before as he might drop the idea of selling it to me if i give a public notice without his consent ? 2) Who would deal with &bear the costs for any legal issue after the property is registered on my name ?Does the sale deed have provision for this clause? 3) Does owner have right to revoke agreement for any reason(in my case giving public notice) & sell to 3rd party?
Answers (2)

Answer #1
708 votes
before buying to property you have check and verify and scrutiny following documents; 1. Mother Deed(sale deed/gift deed/grant order/partition deed any one), 2. Family Tree (Genealogical tree) which is issued by concerned Tahasildar. 3.Mutation Register (M.R), 4. Khata Extract, 5. possession certificate, 6. upto date tax paid receipts, 7. survey sketch of the property (which is issued by the survey department), 8. Conversion order, 9. Encumbrance certificate - Form No.15 and Form No.16. 10. NOC from concerned local authorities. 11. sanctioned plan and etc.
Answer #2
567 votes
Hi
Ask your seller to get the second mortgage released as then only he can enter into any transaction with you.
For publishing news paper advertisement seller consent is mandatory.
If he is not giving permission for placing news paper advertisement and also if he has not revealed the fact of he selling the property, then hire a lawyer to check whether there are any boundary disputes between the seller and his neighbours.
Also get a legal opinion on title and also get the survey done by Revenue authorities to ensure that the boundaries and areas in title deed are correct
Hope this information is useful

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