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After you zero in on a property to buy, do legal due diligence. You must check if the property can be
transferred.
This is important because the land may have been only leased and hence not saleable. Also, land
granted by the Government under some provision requires permissions for sale. For example, land
given to freedom fighters or ex-servicemen can only be transferred with the collectors permission.
You need to check if the seller has the right to transfer the property. For instance, if the owners are
minors, prior permission of a court is needed before transfer to third parties.
Any transfer by a guardian without court permission can be challenged by the minor within three years
of him/her attaining majority, cautions Aarthi.
A common issue you may face is that the death certificates for a deceased land owner and legal heir
certificates are not available.
Easement troubles
It is possible that one or more legal heirs may deliberately conceal other rightful heirs when selling,
points out Sundar. This may lead to a legal dispute when the other inheritors lay their claim. Even after
legal hurdles are cleared, there could be practical issues related to the land, such as a blocked approach.
For instance, you may have to go through the neighbours land to reach your selected property and there
may be disputes over access.
Similarly, there may have been access granted to others to go through the land you intend to buy. You
must also check other rights to share and use, known as easements.
These include sharing arrangements for water, allocation to run power line or sewers.
For example, water channels from nearby lakes may pass through the land you intend to buy and other
farmers may have easement rights over these water channels. Make a checklist of such arrangements
and take stock of any pending disputes.
meera.siva@thehindu.co.in