One must always remember the cardinal Latin principle "Caveat Emptor" "buyer's beware"."A warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects"" The law helps the vigilant ,before those who sleep on their rights "
The Agriculture land can not be used for non-agriculture purpose like group housing ,unless necessary approval or permission from local Panchayat office ,especially suburb area of the city or town. If property is in the village panchayat area.
- The property is transferable or not [inherited/joint or self acquired property]
- The transferor is competent to transfer or not
- The transferor is qualified to transfer or not
- The object or consideration for the transfer is lawful.
- The transfer has been made and completed in the manner prescribed by law
- The property being sold is free from restriction for sale under Land Ceiling Act
- Always insist original documents with map for initial survey of property.&legal ownership document issued by Revenue Department under proper seal of Tahsildar[Terms : Title book,Patta,Adangal,Pahani],whether they are authentic documents with proper seal and stamps[in case of sale deed]
- The title of owner shows "No Encumbrance" on the date of purchase and obtain NEC of 30 yrs and shows no outstanding mortgage on the property to be purchased.
- If third party is involved in sale viz Real estate agent or promoter,verify whether he is legal entitled to sell the property like Ownership /Registered Power of Attorney.
- Seek the help of registered valuer to ensure the price quoted is correct as per market value.
- Verify the municipal tax receipts, electricity bills and water bills to ensure that there is no outstanding bills before purchasing the house.
- Ensure and verify the house got necessary approval and permits from competent authorities like Municipal permission for building with approved layout and cross verify any gross violation of approved lay out by builder or house owner .What is the post -maintenance arrangement of the apartment ?
- Verify the claims of builder or promoter and its antecedents ,their past constructions and their quality.Some times, advertisement can be misleading and deceptive to lure people with colorful brochures promising various amenities ,which may not be fulfilled by builder or promoter ,while delivering the property.
- Verify the Real estate agent antecedents before seeking his help,it is prudent to avoid them,Verify whether housing society is registered body.
- It is prudent to survey the property [land /house ]by making detailed personal inquiry with local people.
- In case of cheating or deficiency of service by builder /promoter or real estate agent ,you can approach consumer forum directly through letter or representation with out any help of Advocate/LP or police [cheating element is involved]after taking thorough legal opinion.
- Ensure the meticulous and careful planning of sale transaction from investigation of title to sale deed with proper stamp.
- Apply for name change in Municipal office or Tahsildar office ,after sale transaction formalities were completed for possession purpose.
- Be cautious in money matters especially sale consideration,you can approach courts for enforcement of agreement to sale or part -performance of sale transaction is not performed by the seller after receiving advance money or full money.
The moot point to be noted is that with sheer mental alertness and common sense ,we can save our self from cheating/fraud and ensure the smooth transaction of property.
Any negligence on the part of the purchaser will be fatal and will have to bear the heavy cost ,through litigation and mental agony.
Note :As per recent judgment of Supreme Court of India ,the aggrieved party can directly approach consumer courts with out any help of Advocate or LP.No forum can reject the case of aggrieved party for the want of Advocate / LP.