Friday, 13 September 2013

Outdated records major cause for land disputes



Buyers have to be very careful while entering into lands deals. Existence of fake land records and selling of same property for multiple buyers through either forged documents will generate land disputes.


Existence of outdated land records, land sharks forging documents, lack of knowledge of land records and laws are the major causes for land disputes in cities like Bangalore, Mysore and other towns. Therefore, it is better to have a legal opinion before finalising land deal.

The Revenue Department has shown laxity in updating revenue records. Issues such as failure in inter-departmental communications regarding property issues and confusion over custodians of documents are other major causes come in the way of land transactions. Taking advantage of loopholes in the system, real estate agents have either sold property to multiple buyers through either forged documents or the properties have changed hands after suppression of records.

In fact, violation of laws and forging of documents is a common factor in Bangalore. Lands notified by the Bangalore Development Authority (BDA) for acquisition in 1982 have been sold to buyers by forging documents. Similarly, flat owners in South City are at a loose end with the suppression of the fact that a portion of the land had been relinquished in favour of BDA even before the apartments were sold.

In both the cases, validation of titles, which was an important step, could not be done at the sub-registrar's offices as records were not updated.

Titles

The Registration Department has rights for giving “presumptive titles” to the property, but validation of titles and legality of transactions are in the legal jurisdiction. Presumptive title is given on the understanding at face value that both buyer and seller are undertaking a genuine transaction.

By registering properties, the department only give a constructive notice to say that such a transaction has taken place. One has to cross check various documents such as earlier revenue land records, change of hands, tax paid receipts, status of present lands, khata etc, officials in the revenue department maintained.

On a question related to sub-registrar’s office could verify the documents before registration, the official said legally, it can only register the document. If verification process is also given to it, it would be cumbersome and time-consuming.
So, we request all those buyers of lands be doubly careful while entering into land transactions. Do home work, before discussing issues related to price and land registration.

In view of the complex issues involved purchase lands, housing sites and flats, experts suggested that it is better on the part of the buyer to consult legal experts and seek their opinions on land records and validity of legal documents.