Commercial Sales

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How does land mutation affect ownership transfer?

In India, land mutation refers to the process of updating the official land revenue records to reflect a change in ownership due to events such as sale, inheritance, gift, or court decree. While mutation does not confer ownership rights by itself, it is a crucial administrative step that ensures the government's records accurately represent the current owner. Impact of Land Mutation on Ownership...

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What is an encumbrance certificate and why is it important?

​An Encumbrance Certificate (EC) is a vital legal document in property transactions in India. It certifies that a property is free from any monetary or legal liabilities, such as loans, mortgages, or disputes, ensuring a clear title for the buyer.​ Encumbrance Certificate An Encumbrance Certificate provides a comprehensive record of all registered transactions related to a property over a...

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Who is responsible for title clearance?

​In India, title clearance is a crucial step in property transactions, ensuring that the property's ownership is legitimate and free from legal disputes or encumbrances. Here's an overview of who is responsible for this process and how it is carried out:​ Parties Responsible for Title Clearance Buyer’s Responsibility: It is primarily the buyer's duty to ensure that the property has a clear...

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When should the agreement to sell be signed?

​In India, an Agreement to Sell is typically signed after the buyer and seller have mutually agreed upon the terms of the property transaction. This agreement serves as a preliminary contract that outlines the obligations of both parties and sets the stage for the final sale deed.​ When Should the Agreement to Sell Be Signed? The Agreement to Sell should be executed after the following steps...

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How is land inheritance handled before a sale?

Before selling inherited land in India, it's essential to legally transfer ownership to the rightful heirs. This process ensures a clear title and prevents future disputes. Here's a step-by-step guide:​ 1. Determine the Inheritance Type With a Will (Testate Succession): If the deceased left a registered Will, the property is distributed as per the Will's instructions. The Will must be probated by...

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Where can original land ownership records be found?

​In Tamil Nadu, original land ownership records can be accessed through various official platforms and local government offices. These records are essential for verifying property details, ownership, and for conducting legal transactions.​ Online Platforms for Accessing Land Ownership Records Tamil Nadu e-Services Portal Provides access to Patta, Chitta, Field Measurement Book (FMB) sketches,...

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Why is a sale deed necessary in commercial transactions?

​A sale deed is a fundamental legal document in commercial property transactions in India. It serves as the official record of the transfer of ownership from the seller to the buyer. Here's why it's indispensable:​ 1. Legal Transfer of Ownership The sale deed formalizes the transfer of property rights. Without it, the buyer doesn't have legal ownership, even if payment has been made. It's the...

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Who verifies the title during a land sale?

​In India, verifying the title of commercial land is a critical step in the property transaction process. This verification is primarily the responsibility of the buyer, who typically engages a qualified property lawyer or a professional title search agency to conduct thorough due diligence.​ Who Verifies the Title? Buyer's Legal Counsel: The buyer's lawyer examines all relevant documents to...

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What documents are essential for selling commercial land?

​When selling commercial land in India, it's essential to have a comprehensive set of documents to ensure a legally sound and hassle-free transaction. Here's a checklist of the key documents you'll need:​ Essential Documents for Selling Commercial Land Title Deed (Mother Deed) Establishes your legal ownership of the property. Should be clear of disputes and properly registered.​ Sale...

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