RERA Lawyer Property Verification: Documents Checklist, Legal Process, Title Opinion Report

Table of Contents

RERA PROPERTY VERIFICATION DUE DILIGENCE LAWYERS IN CHENNAI

Planning to buy your dream home in Chennai, but feeling overwhelmed by the extensive legal paperwork, documents, and processes involved?

The legal complexities can confuse even the most intelligent individuals. However, instead of considering it a hassle, why not seek assistance from the experts?

Here’s the deal. Let me break it down for you in simple, easy-to-understand terms. This non-technical guide will walk you through the crucial aspects to consider when purchasing a property in Chennai, Tamil Nadu.

You might be tempted to trust the builder blindly and skip the due diligence process.

But when you’re investing your entire life savings into a property, doesn’t it make sense to seek the right legal advice?

Think again.

By investing in property title verification and due diligence upfront, you can save yourself from unnecessary hassles, financial losses, and time-consuming litigation. We’ll explain how to authenticate the documents provided by builders and property owners. Expert property lawyers will conduct a thorough investigation to confirm the ownership’s validity.

So, what does “Property Legal Title Verification” really mean?

A property title refers to the bundle of legal rights associated with an immovable property, serving as evidence of ownership. It is also known as a “deed.”

Book Now for Online Property Verification in Chennai and Safeguard Your Investment.

Fortunately, there’s a way to perform due diligence and establish the legal title, assessing the legal and financial risks before purchasing a property. All you need to do is collect the necessary documents (checklist) from the seller, builder, developer, or property owner before signing any agreement. This process will help identify discrepancies, legal issues, ongoing litigations, family disputes, and more.

How can you go about it?

Property scrutiny is never an easy task.

Seek a lawyer with expertise in real estate (RERA) and property law to conduct a comprehensive verification of the property, whether it’s a home, land, or apartment. The lawyer should be skilled in organizing and processing the extensive pile of documents in a systematic manner.

Did you know?

Under Section 17 of the Registration Act, 1908, the registration of the deed for immovable property is mandatory. Non-registration renders it inadmissible as evidence in a judicial court.

PROPERTY VERIFICATION SERVICES

Most Trusted Legal and Property Verification Services in Chennai.

Here’s how our verification process works.

First, our expert property verification legal team will acquire the necessary documents and scrutinize them thoroughly to identify any loopholes. We will also check for any legal issues regarding licenses. Our team of property lawyers boasts over 30 years of combined experience in the real estate sector.

Once the verification process is complete, our property lawyers will provide a legal opinion letter or report, presenting the pros and cons of purchasing the property.

Property Title represents your legal ownership rights to the property.

Our service includes:

End-to-end property title verification services.
Expertise in property title verification.
Collaboration with renowned lawyers in this field.
Guidance throughout the procedure and provision of a detailed checklist for the required documents.
Verification of the documents you provide.

BENEFITS OF PROPERTY VERIFICATION

Gain Confidence in Your Investment

Are you considering making a significant investment in Chennai’s real estate market? Before you proceed, it’s crucial to ensure that you have all the necessary information and documentation in place. Let us highlight the advantages of property verification:

Assurance of Genuine Title: By conducting a thorough property verification, you can confirm the authenticity of the property’s title. This provides you with peace of mind, knowing that you are investing in a property with a legitimate ownership record.

Easy Access to Loans: When the property’s paperwork is legitimate and properly verified, you increase your chances of obtaining loans against the property. Lenders are more willing to provide financing for properties with clear and valid documentation.

Unrestricted Selling Rights: Property verification allows you to establish your right to sell the property without encountering any legal issues. By ensuring that all the necessary documents are in order, you can confidently proceed with any future sale transactions.

Mitigation of High-Risk Transactions: Property verification is a crucial step in identifying any forged or fabricated documents. This helps you steer clear of potential fraud and deception, ensuring that your investment is protected from high-risk transactions.

Fraud Detection: Through property verification, you can uncover any fraudulent sellers who might be attempting to sell the same property to multiple buyers. By detecting such fraudulent activities, you can safeguard yourself from falling victim to scams.

Protection from Legal Proceedings: Property verification helps you avoid the hassle and financial burden of getting entangled in legal disputes. By thoroughly examining the property’s documentation, you can identify any pending legal proceedings or disputes and make an informed decision.

By availing of professional property verification services, you can gain confidence in your investment and make well-informed decisions regarding Chennai’s real estate market. Don’t leave your investment to chance – ensure a secure and trouble-free property transaction through thorough verification.

PROPERTY VERIFICATION PROCESS

Ensuring a Transparent and Secure Transaction

When it comes to property verification, we follow a comprehensive process to ensure transparency and protect your interests. Here’s an overview of how we carry out the verification:

Ownership Verification: We meticulously examine the ownership status to confirm whether the seller holds legal ownership rights. Our team investigates if the property ownership is freehold, absolute ownership, government allotment, or based on a perpetual succession of tenancy right.

Encroachment Check: We conduct a thorough assessment to determine if the property is encroached upon by any unauthorized structures or individuals. This step ensures that the property you are interested in is free from encroachment issues.

Encumbrance and Charges Analysis: Our experts scrutinize the property’s history to ascertain whether any encumbrances or charges exist. By examining relevant records, we confirm that the property is free from any outstanding debts, mortgages, or legal liabilities.

Builder’s Transparency: We delve into the details to uncover any hidden information or undisclosed facts regarding the property. Our team verifies if the builder possesses all the necessary licenses, permits, and approvals for constructing the property, ensuring compliance with legal requirements.

Government Acquisition Check: We investigate whether the property has ever been acquired by the government. This ensures that the title of the property remains with the original owner at the time of your intended purchase, providing you with a clear and valid title.

Title Validation: Our team thoroughly examines the property’s registration documents with the Sub-Registrar of Properties. We verify the validity of the title held by the owner, ensuring the proper payment of stamp duties and registration fees.

By adhering to this diligent verification process, we help you avoid unscrupulous practices by builders and developers. We understand that transparency is often lacking in the real estate industry, which is why we emphasize exercising due diligence and ensuring awareness of your rights.

Rest assured, our property verification services provide you with the necessary information to make informed decisions and facilitate a secure and transparent property transaction.

PROPERTY REPORT

Comprehensive Legal Opinion.

Written legal opinion with complete verification report. Verification report will contain tile flow , documents checked, summary and risk if any observed while verification.

Additional Property Services to Safeguard from One-Sided Agreements.

You can ask our expert lawyers to help you with the review and vetting of Sale Agreement, Construction Agreement, and Sale Deed as a way to safeguard your interests and rights from the one-sided builder agreements.

COLLECTION OF PROPERTY DOCUMENTS

The physical copy of property documents will be collected by us from your home or office whichever is convenient for you. Our logistic team will coordinate with you and collect and deliver the documents within 24 hours after you place your order.

A physical copy of property documents is mandatory for its legal verification. @ Rs.1 per page, we’ll can get these documents printed for you as you send the copy to us through Google Drive, Dropbox etc.

We do document audit and if found that any document is missing, we advise you to collect the document from the respective seller/developer/builder. We will also collect the supplementary document again.

DELIVERY

Your detailed property verification report will be delivered in 5-7 days.

Now that you’ve understood the importance of legal title verification, you’ll agree that it is worth investing few thousands for a property priced at lakhs and crores.

Think about it. Make a wise decision to ensure that you are investing in the right property.

COMPREHENSIVE PROPERTY DOCUMENT CHECKLIST

Ensuring a Smooth and Worry-Free Property Transaction in Chennai

Investing in property can be made hassle-free with the guidance of experienced lawyers who specialize in this field. Our team of experts is dedicated to simplifying the process and ensuring that your property transaction in Chennai is seamless. To conduct a thorough verification, the following documents are essential:

Verification of Legal Encumbrances and Litigations:

Mortgage Verification: Identify if any existing mortgages are linked to the property.
Government Classification: Check the property’s classification in the government records.
Land Records Certificate: Examine the certificate issued by the officer of the Land Records.
Purpose of Land: Determine if the land was designated for agricultural, commercial, or residential purposes.
Land Acquisition Proceedings: Check for any pending land acquisition proceedings.
Changes in Ownership: Identify any changes in ownership due to events such as marriage, divorce, etc.
Estate Filing and Property Transfer: Verify if there have been any changes in ownership due to estate filing, property transfers, or death.
Chain of Title Deeds: Review the historical account of the property’s chain of title.
Non-Objection Certificate (NOC): Obtain an NOC from co-owners in the case of joint property.
HUF or Ancestral Property: For HUF or ancestral property, gather necessary documents such as copies of wills, succession certificates, probate obtained from Court, partition deeds, gift deeds, settlement deeds, etc.
Court Order/Decree: In case the property is being sold by an official liquidator, obtain the relevant court order or decree.

Builder/Developer Property:

Sale Deed/Title Deed/Mother Deed/Conveyance Deed
RTC Extracts
Khata Certificate and Extracts
Mutation Register Extracts
Joint Development Agreement
General Power of Attorney
Building Plan Sanctioned by Statutory Authority
NOC from Electricity Department/Pollution Control Board/Water Works/Airport Authority
Supplementary Agreement/Ratification Deed (if any)
Allotment Letter from the Builder/Cooperative Society/Housing Board
Sale Agreement between Builder and First Owner
Construction Agreement between Builder and First Owner
Copy of Possession Letter from the Builder
Payment Receipts for Payments Made to the Builder
Current or Past Loan Documentation
Sale Agreement with the Seller
Latest Tax Paid Receipts from the date of registration up to the present (Property Tax/Municipal Tax, etc.)
Encumbrance Certificate up to date for the latest 13 years or from the date of registration till the present
Demand Letter from the Vendor before Disbursement
Receipt for Own Contribution Payment, along with Bank Statements
NOC from the Society/Building Association
No-Due Certificate from the Building Association
Approved Plan of Construction/Extension and License for Construction
Detailed Cost Estimate/Valuation Report from a Chartered Engineer/Architect (if applicable)
Conversion Order/Betterment Charges Paid Receipt
Layout Approval Plan Sanction
Confirmation Letter for Auction Sale from the Local Development Authority
Release Deed (if applicable)
Completion Certificate
Occupancy Certificate
Loan/Charge/Mortgage by Builder
Deed of Declaration
Latest Electricity Bill

TNHB/CMDA Property:

Allotment Letter
Receipts for Payment of Site Value
Lease-cum-Sale Agreement
Possession Certificate
Absolute Sale Deed
Revenue Certificate from the Chennai Revenue Department
Tax Paid Receipts

Society Property Related Documents:

Sale Deed
Society Documents
Share Certificate
Sale Agreement
Sanction Plan
Encumbrance Certificate
Letter of Allotment
Government Conversion Copy

Agricultural Land Property Documents:

Origin of the Property
Flow of Title
Mother/Parental Deeds
Index of Land and Records of Rights
Grant Certificate (if applicable)
RTC/Phani Extracts from 1967 onwards or for the last 30 years
Relevant Mutations Extract
Endorsement from Competent Authority confirming no acquisition proceedings
Village Map
Survey Map
Akarband, Tippani, Podi Extracts
Relevant Sale Deeds
C.D.P. pertaining to the area
79 A & B Certificate under Land Reforms Act
Land Tribunal Order (if applicable)
Certificate for Change of Survey Number (if applicable)
Nil Tenancy Certificate
Latest Tax Paid Receipts
Encumbrance Certificate for the last 30 years
Family Tree of the Vendor
Phani of the Vendor
Endorsement from Tahsildar regarding land category

CMDA Property Documents:

Valid Conversion Order issued by the Deputy Commissioner
Conversion Amount Paid Receipt
RTCs for 30 years issued by the Village Accountant
Tax Paid Receipts issued by the Village Accountant
Documents of Ownership
Mutation Register Extracts
Akarband/Tippani/Podi Extracts
Surveys/Boundary Map
Village Map
Nil Tenancy Certificate
Confirmation of No Acquisition Proceedings
Layout Plan Approval by Competent Authority
Release of Site Order
Khatha Certificate issued by the Revenue Authority (if applicable)
Latest Tax Paid Receipts
Encumbrances for the last 30 years
Validity of Power of Attorney

Apartment/Flats in Chennai:

Family Trees and Death Certificates
Index of Lands and Record of Rights
Mutation Register Extracts and Inheritance Certificates
RTCs from 1969-70 to 2015-16
Copies of relevant documents: Akarband, Tippany, Hissa Tippany, R.R. Pakka, Karda, Mysore Settlement Register, Hudbast, Village Map
Survey Sketch from the Survey Department
Endorsement from Tahsildar regarding tenancy applications or proceedings
Endorsement from Assistant Commissioner regarding proceedings under Land Reforms Act
Endorsement from government authorities regarding acquisition notification
Official Memorandum/Conversion Order and challan for conversion fine
Joint Development Agreement and other contracts/General Power of Attorney
Sanctioned Building Plan and clubhouse facilities
NOCs from Electricity Board, Chennai Corporation, Pollution Control Board, Fire Force, and Airport Authority
Commencement Certificate issued by Chennai Corporation
Construction Agreement with the purchaser
Allocation Agreement between owners and builders
Occupancy Certificate
Special Notice for assigning sub-numbers to individual apartments
Deed of Declaration by owners
No Due Certificate from Apartment Owners’ Association
Compliance with the approved plan and Architect Certificate
Electricity bills and water connection bill
Khatha Certificate and Khatha Extract
Up-to-date tax paid receipt
Encumbrance Certificate for the period from 1970 to date
Details of Agreement of Sale/MoU/Development Agreement
Details of mortgage/charges/lien
Details of GPA (General Power of Attorney)
Details of past and current litigation or disputes
Any other required documents or clarifications

FAQS ON BUYING A PROPERTY IN CHENNAI, TAMIL NADU

1. What are the popular residential areas in Chennai?

Some popular residential areas in Chennai include Adyar, Anna Nagar, Velachery, Nungambakkam, T. Nagar, Mylapore, OMR (Old Mahabalipuram Road), Velachery, and Porur.

2. What is the average property price in Chennai?

The average property price in Chennai varies depending on the location and type of property. It can range from affordable options starting around Rs. 30 lakhs to luxury properties exceeding several crores.

3. What are the documents required for buying a property in Chennai?

The documents required for buying a property in Chennai include Sale Deed, Title Deed, Encumbrance Certificate, Property Tax Receipts, Khata Certificate, Building Approval Plan, NOC from relevant authorities, and Identity/Address proof.

4. How can I check the legality of a property in Chennai?

To check the legality of a property in Chennai, you can verify the documents like Sale Deed, Encumbrance Certificate, Approval Plan, and ensure that the property has been registered with the appropriate authorities.

5. What is the process of property registration in Chennai?

The property registration process involves submitting the necessary documents to the Sub-Registrar Office, paying the registration fees, and completing the registration formalities in the presence of both the buyer and seller.

6. What are the taxes and charges involved in property purchase?

The taxes and charges involved in property purchase in Chennai include Stamp Duty, Registration Fee, Goods and Services Tax (GST), and Property Tax.

7. What is the role of the Chennai Metropolitan Development Authority (CMDA) in property transactions?

The CMDA is responsible for granting planning permissions, regulating building constructions, and ensuring compliance with building regulations and guidelines in Chennai.

8. What is the significance of an Encumbrance Certificate?

An Encumbrance Certificate is a crucial document that verifies the ownership status of the property and ensures that there are no pending legal dues or liabilities associated with it.

9. What is the difference between carpet area, built-up area, and super built-up area?

Carpet area refers to the actual usable area within the walls of the property, while the built-up area includes the carpet area plus the thickness of walls. Super built-up area includes common spaces like corridors, lobbies, and amenities, in addition to the built-up area.

10. What is the importance of a Completion Certificate and Occupancy Certificate?

A Completion Certificate is issued by the local authorities after verifying that the construction of the property is in compliance with the approved plan. An Occupancy Certificate is issued to certify that the property is suitable for occupation and all necessary amenities are in place.

11. Can I get a home loan for purchasing a property in Chennai?

Yes, several banks and financial institutions provide home loans for purchasing properties in Chennai. The eligibility criteria, interest rates, and loan amount may vary based on individual factors and the lender’s policies.

12. What are the common modes of property payment in Chennai?

The common modes of property payment in Chennai include payment through cheque, demand draft, online bank transfers, and electronic payment gateways.

13. Is it necessary to engage a lawyer for property transactions in Chennai?

While not mandatory, it is advisable to engage a lawyer who specializes in real estate transactions to ensure a smooth and legally sound property buying process.

14. What is the role of the Real Estate Regulatory Authority (

RERA) in Chennai?

The RERA regulates and promotes transparency in the real estate sector. It ensures the timely completion of projects, protects the interests of buyers, and resolves disputes related to real estate transactions.

15. What is the process of property valuation in Chennai?

Property valuation involves assessing the market value of the property by considering various factors such as location, size, amenities, demand and supply dynamics, and recent sale prices of comparable properties in the area.

16. Can foreign nationals buy property in Chennai?

Yes, foreign nationals are allowed to buy property in Chennai, subject to certain restrictions and guidelines set by the Reserve Bank of India (RBI) and the Foreign Exchange Management Act (FEMA).

17. What are the legal aspects to consider while buying a property in Chennai?

Legal aspects to consider include verifying the title and ownership of the property, checking for encumbrances or pending litigations, examining the legality of construction, and ensuring compliance with local building regulations.

18. What is the role of the Homeowners’ Association in Chennai?

Homeowners’ Associations play a vital role in managing and maintaining residential communities. They govern and enforce rules and regulations, collect maintenance fees, and address common issues related to the property.

19. Can I buy agricultural land in Chennai?

In general, non-agriculturists are prohibited from buying agricultural land in Chennai. However, there are certain conditions and exceptions that allow the purchase of agricultural land for specific purposes with prior approval.

20. What are the future prospects of the real estate market in Chennai?

The real estate market in Chennai is expected to witness steady growth due to factors such as infrastructure development, expanding job opportunities, and the city’s economic prospects. However, market conditions can vary, so it’s advisable to conduct thorough research and analysis before making a property purchase.

IMPORTANT TERMS RELATED TO CHENNAI PROPERTIES

Patta: A legal document that establishes ownership of a property.
CMDA: Chennai Metropolitan Development Authority, the planning authority for Chennai and its metropolitan area.
DTCP: Directorate of Town and Country Planning, responsible for planning and development of towns and cities in Tamil Nadu.
Encumbrance Certificate: A document that shows any registered interests, mortgages, or other encumbrances on a property.
Approved Layout: A residential or commercial layout approved by the appropriate authority, ensuring legal compliance and infrastructure development.
Floor Space Index (FSI): The ratio of the total floor area of a building to the size of the plot on which it is constructed.
Building Approval: Permission granted by the local municipal corporation or development authority to construct a building based on specific regulations and guidelines.
Guideline Value: The minimum value of land or property set by the government for the purpose of levying stamp duty and registration charges.
Occupancy Certificate: A certificate issued by the local authorities indicating that a building is fit for occupation as per the approved plans and complies with building regulations.
Sale Deed: A legal document that transfers the ownership of a property from the seller to the buyer.
Power of Attorney (POA): A legal document that authorizes a person to act on behalf of another person in real estate transactions.
Capital Value: The assessed value of a property for the purpose of property tax calculation.
RERA: Real Estate Regulatory Authority, a regulatory body that protects the interests of homebuyers and promotes transparency in the real estate sector.
Super Built-up Area: The total area including the actual usable area of an apartment or building, along with the proportionate share of common areas.
Stamp Duty: A tax levied on property transactions, payable to the government, based on the value of the property.
Registration Fee: The fee paid for registering a property transaction with the government authorities.
Capital Gains Tax: A tax levied on the profit earned from the sale of a property.
Resale Value: The value at which a property can be sold in the secondary market.
Depreciation: A decrease in the value of a property over time due to factors such as wear and tear or market conditions.
EMI: Equated Monthly Installment, the fixed monthly payment made by a borrower to repay a loan.
Pre-EMI: The interest paid by a borrower on a home loan before the completion of the property or possession.
Escrow Account: An account where funds are held by a neutral third party until all conditions of a real estate transaction are met.
Joint Development Agreement: An agreement between a landowner and a developer to jointly develop a property, typically in exchange for a share of the developed area or monetary compensation.
NOC: No Objection Certificate, a document issued by the relevant authority stating that there are no objections or restrictions for a particular activity or transaction.
Freehold: Absolute ownership of a property without any leasehold or other restrictions.

AREAS SERVED IN CHENNAI

Adyar, Alwarpet, Anna Nagar, Ashok Nagar, Besant Nagar, Egmore, Guindy, Kilpauk, Kodambakkam, Madipakkam, Medavakkam, Mylapore, Nanganallur, Nungambakkam, Pallikaranai, Perambur, Porur, Padi, Saidapet, T. Nagar, Tambaram, Thiruvanmiyur, Velachery, Villivakkam, Kolathur, Korattur, Mogappair, Virugambakkam, West Mambalam, Royapettah