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A step-by-step tool to help you buy your dream property
Ever wondered what it is like to follow a series of actions to achieve a particular outcome? Be it something as simple as brewing tea or something as complex as manufacturing an aircraft, they go through a step-by-step process, which, if not followed, or even a step missed, can have an adverse effect.
We all realize that following a process is crucial, especially when it pertains to us achieving our dreams. This ensures that we derive the best output that aligns with our expectations. In this article, we will focus on the importance of adhering to processes for one such significant milestone in our lives – buying our dream piece of land.
At the outset, buying a property sounds enticing and instills a sense of fulfilled accomplishment. But as you get into the actual task of purchasing, you realize there are multiple steps to go through to realize your dreams.
Below, we enlist and explain a recommended process that you could follow to buy your dream plot.
1. Know and understand the Type of land
Primarily, below are the two main types of land that are available for sale.
- Agricultural land - Defined as the land area that is either arable (includes land under temporary crops such as cereals, temporary meadows for mowing or pasture), permanent crops, or permanent pastures. In short, any land with farming or livestock rearing is termed agricultural land.
- Non-agricultural land - Any barren land in which no specific agricultural activities are being performed can be called non-agricultural land.
Key Pointers:
If the intended use of the land is going to be for construction or investment, ensure that the land is non-agricultural
If the land is agricultural, ensure that the conversion process from non-agricultural to agricultural has been completed by the landowner/promoter
2. Seller Types – Know yours
Predominantly, below are the three types of sellers that exist in the plot/land market.
Government/Development Corporations
- One of the lowest risk options where land acquisition, land conversion (if any), development plans, and approvals are done by the government. This is the most economic option too.
- The flip side, however, is that the government sites are allocated through auctioning or bidding and are notoriously associated with long waiting allocation periods.
Private Land Developers
- This is the most preferred route taken when it comes to buying a property, as, this comes with low to moderate levels of risk
- It is always advisable to buy a property from reputed builders, although this comes at a marginally additional cost. This incremental cost is justifiable as the builder is accountable for all legal documentation, plan approvals, and financial approvals.
Standalone Land Owners
- While this is also an option, it is associated with a higher degree of risk simply because the onus of verifying the plot history, legal documentation, and approvals descends on you. Having said that, there are a significant number of standalone owners who are trustworthy.
3. Property Purchase Pre-requisites
Ascertaining the intent of purchase and defining your goals is key to marking the foundation for making this a worthy buy. The below pointers could help you understand and define the intent of your purchase.
- Investment-driven: If the decision to buy a property is investment-driven, you need to bear in mind these 2 factors
- Affordability: The amount of money you can invest in the property with minimal dependence on external funding.
- Value for Money: The expected yield and the time taken for the same will help you focus on the type and location of the property for investment.
- Construction-driven: If the intent is to construct and reside in/rent the property, then the factors you need to consider will need to revolve around
- Safety: Forms the core element. Any property buying decision, especially the one in which you plan to live, needs to be completely secure and in a safe zone.
- Availability of last-mile connectivity: With the growing popularity of metro trains, the availability of last-mile connectivity has gained traction in the past few years.
- Proximity to amenities/facilities: Needless to mention, the accessibility to daily life essentials, healthcare facilities, workspaces, and educational institutions contribute as one of the major factors.
4. Credit Rating
If you plan on seeking external funding, it is mandatory to check your creditworthiness. All lending institutions establish your creditworthiness by verifying your CIBIL scores, payment tracks, and financial portfolio.
5. Verifying Shortlisted Properties
Based on the above pointers, once you have the intent for purchase in place, and a list of properties to vet, a physical and documentation verification of the properties may be done.
Physical Verification
- On-ground measurement - Verify plot dimensions with dimensions mentioned on property paper
- Check for any encroachment on the property
- Check for any unevenness or slopes in the plot
- Conduct soil testing to check the strength and stability
- If the property is in a zone that is prone to any natural calamities, the same may be eliminated from the shortlist
- Check for directions / Vastu / other parameters that suit your beliefs
Documentation Verification
It is advisable to avail the services of a property lawyer who can aid in the document verification process and identify any gaps. The documents that are to be verified include:
- Mother deed - This is the document that traces the entire lifecycle of the property till the present date. It starts right from the first owner and has a list of all the owners until you take possession of the land. Verify the sequence of ownership in chronological order, i.e., they should be continuous and unbroken. In case of missing links, check by referring to the records at registering offices/revenue records.
- Verify seller identity - Basic verification of the residential status and nationality of the seller must be done. In the case of joint sellers, each of their identities must be verified. If the seller is not an individual but represents a trust or a corporation, then the credentials of the trust need to be verified.
- Adherence of land to zoning regulations - Each state/municipality has laid down clear zoning regulations, and adherence to this must be established. Prudence needs to be applied to verify all the documents, check for conversion records (if originally an agricultural land)
- Encumbrance certificate & tax-paid receipts - This document implies that the property is free from dues. In some instances, the buyer may also place public announcements requesting any interested party to file a claim assigning a certain period.
6. Final Round of Negotiations & Deal Finalization
Upon the successful completion of plot finalization and negotiations, a Sale Agreement and a Sale Deed are drafted.
- A Sale Agreement is a memorandum of agreement in which the terms and conditions of a prospective sale are drafted along with the proposed consideration and details of payment.
- A Sale Deed is the most important legal document which is proof of the transfer of ownership from one seller to the buyer. The registration of the sale deed takes place in the Sub-registrar’s Office of the area where the property is located.
This brings us to the end of a complex, yet, exciting process of buying a property. As you embark on this journey, although it may seem onerous, it is important to consider all aspects of the purchase to enjoy successful ownership.
We hope that this process document has served as an important aid and as your friend in helping you buy your dream property.