In Real Estate India, property deals that
include property purchase, sale, lease and others may become
technically complex due to the legal nature of documents involved.
Thus, scrutiny of property documents should be correctly and
scientifically carried out. In this regard, a property
lawyer drawing on his knowledge and experience can
be of immense help.
It pays to be prudent while entering into a Real Estate
deal. The primary area of concern by a prospective
buyer of an immovable property before finalization of any deal
is to get the property documents scrutinized, to confirm the
marketable title of the property and its enforceability, genuineness
of the document, compliance with the provisions of the laws,
rules and regulations of the revenue authorities.
Situations that compel hiring of a lawyer
If the relief you are seeking will be delivered from a court
of competent jurisdiction, knowledge of the jurisdiction of
various courts is necessary. You can be secure with the useful
legal services of an experienced lawyer dealing with property
matters. When there is no amicable settlement, parties affected
are bound to go to a competent court for resolving the disputes.
He/she can guide you properly in situations that may relate
to:
- The valid title of the vendor,
- Time schedule for payment of sale consideration,
- Handing over possession of the property,
- Non-compliance of the conditions detailed in the 'Agreement to Sell' by either of the parties to the transaction,
- Share of a coparcener on partition of HUF (Hindu Undivided Family)
- Interpretation of the recitals of a Will.
The lawyer in your scheme of things
While
you decide on what specific property transaction you wish to
go with, a competent lawyer who can work for your interest and
take care of the legal aspects involved must figure in your
priority list.
Any oversight in dealing with documents may leave you in a fix, with serious legal and monetary implications. Therefore it would be wise to involve an experienced lawyer during the entire process that will check the documents for the required purpose. For instance, you could get your lawyer to check:
- Power of Attorney, if the seller has actual
right to sell the property.
- Designated land use of the property.
- If the property is completely free from any and all types of encroachment.
- If property is a mortgaged one.
- If any case has been filed in court.
- If all due payments have been made.
- If applicable Stamp Duty has been paid
on time and in full.
How to go about selecting a lawyer
- Ask your family and friends to recommend someone they know is capable enough to address and argue out your case.
- Research for legal directories available on the Internet.
- Make a list of prospective lawyers along with their credentials.
- You can easily shortlist a few lawyers against parameters of qualification, experience in his/her area of expertise, and geographical availability.
- You can arrange a meeting with the selected lawyers to gauge their skills and
ask questions like clients they have represented, the answers to which will help you decide.
- Ask about his fees and see if you can afford him.
Look before you leap
In order to steer clear of any duplicity in Real Estate deals,
you must read all the documents before you sign the fine print.
You must also request for the documents in originals only, discern
the signatures in all the documents and verify ownership of
the property from DDA or MCD or concerned authority, flow of
title and present status of the property and in a systematic
manner.
A professional lawyer or solicitor on your side can thus be
especially helpful in protecting your interest. Buyers usually
don't engage the services of a professional while buying, to
cut costs.
Your expectations
Your expectations from the lawyer would be to render useful
services to help you secure the type of relief you seek. You
expect timely and well thought out advice on how to proceed.
Typically, the relief could be for specific performance, restraining the opposite party from interfering in your peaceful enjoyment of the property, receiving compensation for loss, filing recovery suits, eviction suits, declaratory suits, partition of joint family property, getting interpretation of a will and various others.
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