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Existence of outdated land records, land sharks forging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.
