Precautions to be taken while buying Land Property!

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Readers, welcome back! In this article,  we’ll see how to protect ourselves while buying Agricultural land. Agricultural land sales and purchases are frequently marred by large-scale fraud. The following measures should be followed before you buy land and sell agricultural land in order to avoid court cases, financial fraud, and conflicts.

• See the latest 7/12 Extract of the land.

This article will tell everything about 7/12 name change.

• 7/12 Extract includes two forms viz. Form VII and Form XII. Form VII includes detail information about the owner of a land and rights and liabilities of the land holder. Form XII includes detail information about agriculture aspects of a land such as crops produced on the particular land, type of crop and cultivable land.
• Whether Land is held on Occupancy Class-I or II, Devasthan’s Inam Land or that land is of any clan i.e. Mahar Clan? Occupancy Class-II land have the New and Indivisible Conditions. If the land is Occupancy Class-II land then one should see what are those terms and conditions.
• See the last 30 years Records of Rights (ROR) i.e. 7/12 Extracts of the land. Take Title Search Report to know how the land is transferred in the name of the owner.
• If the Land Property seller has a sister or sisters, it is important to know what they have to say.
• Whether land is an Ancestral property or Self-acquired property?
• It is very essential to look in the other rights on land column for other claims, restrictions, obligations or rights of third parties on the land before even acquiring it.
• If the Land is purchased by the tenant under the provision of the Tenancy Act then one should verify and confirm that the permission of sale and transfer is obtained from the collector and appropriate value (Nazarana) is paid to the government prior to transaction.
• The area mentioned on 7/12 Extract and the area actually occupied by the owner of the land must be the same.

• Road leading to the land, water supply equipment, lakes, wells, bore wells, trees, farm house etc., are the land, it should be mentioned in the Sale Deed.
• See if there are any charges or encumbrances on the land.
• Is the land reserved for rehabilitation? Is the benefit area?
• If there is Sub-division of survey No. then changes in the area before and after the Sub-division of survey No. should be checked.
• Whether the land is an Irrigated (Bagayat) or Rrain fed (Jirayat)? Cost of the land depends on the type of cultivation. See the cost of the land is as per the ready reckoner rate and the stamp duty need to be paid accordingly.
• See if there are any charges of attachment and decrees under the order of civil court or revenue authorities and arbitration proceedings (Pending proceedings- Lis- pendency) is mentioned underneath the other rights column in some extracts.
• Make sure that land transactions do not violate Rehabilitation, Fragmentation, Urban Land (Ceiling and Regulation) Act, 1976.

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• If there is a Private Forest, Reserved Forest is mentioned on 7/12 Extract of the land, then Such land should however be avoided to be purchased
• In the case of land transaction, the amount due should be deposited in the bank and such bank transaction must be mentioned in the Sale deed.
• Transactions are advised to be done through experts.
• Area of the land shall be determined after examining the structural plan of land.
• Make sure that the map of village and the Boundaries of Land are in correlation.
• Make sure that the landowner has paid the all taxes.
• The transaction should not be Benami Transaction and the transaction should be done directly with the owner.

• If the transaction is dine through middlemen then  the commission to be paid to him should be negotiated in advance.
• When transacting on the basis of power of attorney, then make sure that concerned person has given it. Also, check if the Principal- power of attorney is alive. It is advised to deal only when if it is a registered power of attorney.
• Check the land zone e.g. Resident, agriculture, non-agricultural development, industrial etc.

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• Land should be dealt with by register agreements only. Don’t do incomplete deals.
• It should be seen whether all the necessary conditions have been met while acquiring the new condition land. Land with new condition should not be purchased without the permission of the concerned authority.
• The original copy of the Sale deed along with index II should be kept safely after the purchase transaction. 
• After the registration of Sale deed, the name should be incorporated immediately on the 7/12 Extract.

Buy Land! Make Investment! Make Progress!

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