When a property is jointly owned by two or more individuals, each person holds a legal share or interest in the asset. This shared ownership significantly affects the process of selling the property, as it introduces additional legal requirements, documentation, and coordination. The nature of co-ownership—whether by inheritance, purchase, or partition—directly influences how the sale can...
A Power of Attorney (POA) is a legal instrument that allows one person (the principal) to authorize another person (the agent or attorney-in-fact) to act on their behalf in legal, financial, or property-related matters. In the context of land and property transactions, a POA is required when the actual owner cannot or does not want to perform the transaction personally. 1. When the Property Owner Is...
Preparing documentation is a critical responsibility for land and property sellers to ensure a legally valid, transparent, and dispute-free transaction. It involves compiling ownership records, statutory clearances, tax receipts, and regulatory compliance documents. Proper preparation instills confidence in buyers and speeds up the legal due diligence process. 1. Gather Proof of Ownership Original...
Title disputes arise when there is a conflict over the legal ownership or rights related to a piece of land or property. These disputes typically originate from defective documentation, overlapping claims, succession issues, fraudulent transfers, or government interventions. 1. Multiple or Conflicting Sale Deeds Occurs when a property is sold to more than one buyer using different sale...
A No Objection Certificate (NOC) is a formal document issued by a competent government department, statutory body, or regulatory authority indicating that it has no objection to the proposed transaction, development, transfer, or change of status of the property in question. It serves as a legal safeguard against future disputes and confirms regulatory compliance. 1. Legal Validation and Clear Title...
An encumbrance refers to any legal, financial, or third-party claim or liability on a property, such as mortgages, loans, leases, easements, liens, litigations, or attachments. Confirming the encumbrance status is a critical step in land due diligence to ensure the property is free from any burdens that could restrict transfer of clear title. 1. Apply for an Encumbrance Certificate (EC) a....
Authenticating the ownership history of land is a vital process during land sale transactions, inheritance, or land development. The authentication involves verifying the chain of title, legality of transfers, and official records through multiple government authorities and legal instruments. 1. Sub-Registrar of Assurances Primary Authority responsible for the registration of land sale deeds, gift...
Checking the litigation status of a property or land before purchase is essential to ensure there are no ongoing legal disputes that could affect ownership, possession, or future use. This verification involves investigating multiple legal and administrative forums to cover all potential issues. 1. Civil Courts District Civil Court / City Civil Court Properties involved in title disputes, partition...
Legal due diligence is a crucial process in the sale or purchase of land. It ensures the transaction is valid, free from legal disputes, and that ownership rights are clearly transferred. The verifications must cover ownership, title clarity, usage rights, compliance with laws, encumbrances, and government regulations. 1. Title Verification and Ownership Check Clear Title: Confirm that the seller...
Public transport accessibility is a critical factor in commercial land development, influencing everything from zoning benefits and design requirements to marketability, tenant appeal, and long-term value. Planners, developers, and investors increasingly prioritize proximity to transit as cities push for walkable, sustainable growth and reduce reliance on private vehicles. Here’s a detailed look at...
