Supreme Court property verdict: If you are thinking of buying property, then the latest decision of the Supreme Court can be important for you. The court has clarified that just having a registered sale deed does not mean that your legal ownership of the property has been proved. Registration is only a record of the transaction, not a confirmation of ownership.
What is the whole matter
The Supreme Court’s observation came in a case involving Bhavana Cooperative Housing Society, which claimed to have purchased 53 acres of land in 1982. A portion of this land was later sold to several buyers including Mahnoor Fatima Imran. All had registered deeds, but the court questioned whether Bhavana Society actually owned the land.
Why is the registry not enough?
A registered sale deed simply means that the sale and purchase of the property has been officially recorded. But if the person from whom you bought the property did not already have clear and valid ownership, then despite the registry, you will not be considered the legal owner. That is, getting the transaction registered is a process, but other documents are also required to prove ownership.
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What is the importance of registry?
The purpose of the registry is to ensure that a property transaction is recorded in government records. This provides authentic proof of the document in case of a dispute in the future. The registry helps the government in tax collection and prevents fake claims by creating duplicate records.
What will be the effect of the decision
This decision of the Supreme Court can bring a big change in the real estate sector. Now just getting the land registered will not be considered as ownership. Developers will have to prove that they have a clear and dispute-free title, and there is no other claim or pending case on the property.
This also means that it will now be risky for developers to provide confusing or incomplete information to buyers. Transparency and clarity will be mandatory before every deal.
Buyers must be careful
Now it has become necessary for those buying a house or land to not rely only on the registered sale deed. It is important to get the entire documents legally checked, especially when a lifelong investment is being made.
Customers taking loans from banks can get some help as banks themselves also verify the property documents. However, it is better to get the verification done by a lawyer personally.
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Please check these documents before purchasing:
- Title deeds
- Previous sale deed (if any)
- Possession letter and allotment letter
- Will (if property is inherited)
- Property tax receipts
Of course, checking these documents can lengthen the process of buying a house or land. But, this can prevent fraud, legal disputes and losses in the future.
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