Purchasing land without a sale deed
I want to purchase a land. but the land owner does not has sale deed.The owner has only current property tax receipt. Should I purchase that land? please advise me as soon as possible.
We strongly recommend you NOT to buy any land without the sale deed.
Without the original sale deed on his name the seller cannot execute a sale deed in your name. Similarly, without a sale deed in your name you will not be able to dispose the property in future such as a gift deed, settlement deed, pledging the property as collateral security for a loan. For all these, you need to have a title document in your name.
A sale deed is required so to ensure a clear title of the property. That is, it will be clear and concrete proof that the person selling you this land is indeed the owner of the land and authorized to sell it. A sale deed alone can be held as a legally valid document to prove marketable title to the owner of the property.
Sir this person basically needs to have a "mother deed" to prove that he owns the land which he wants to sell to you. Mother deed traces the origin of the property. While tracing ownership, one should begin with the earliest ownership recorded. If such an old ownership is not documented, copies of such documents might can be obtained from registering authorities.
If the seller has lost the property papers, these are the steps he should have carried out: http://lawfarm.in/question/i-lost-my-property-papers/
As the property changes hands from one owner to another through various transactions like gift deed, inheritance, etc., these need to be documented through the transfer document. Since this is inherited property, there must be a will and a release deed, which must have been registered.
It is very important that there is a concrete, verifiable trail of ownership, which is supported by legally valid documents. Otherwise there is a possibility of legal issues cropping up later on. For example, if someone claims to be the actual owner, after you have bought the land, and you do not have the proper documents to show that the trail of ownership has rightfully passed to you, then the court may order you to vacate the land to the “rightful owner”; even if it is not your fault, you may be punished.
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