In the excitement of homebuying, buyers often fail to do a proper background check on the property. This also happens when builders or brokers quote a lucrative offer and buyers get so overwhelmed by the price factor that they don’t even feel the need to do any background check. However, such negligence can prove costly for homebuyers in future.

For instance, recently a viral video from Hyderabad shared on X (formerly Twitter) by a journalist showed water flowing like an angry river through the lanes of a residential area in Gajularamaram. The video highlighted why it is important for home buyers to do proper background research before buying any property anywhere across India.

FE Money talked to some legal experts to understand what are the ways in which homebuyers can do background checks on any property before buying. Read on to know what they say:

Check The Master Plan

Before the development of any town/city, its town planning department prepares a master plan laying down how the development will take place. Such a master plan will usually indicate how and where areas of green belt (forest, gardens, etc.), residential areas, commercial areas, industrial areas, water bodies, etc. will be developed.

“Before buying any property, the purchasers/homebuyers can conduct a basic due diligence by enquiring from the district’s town planning department and ascertain what lays or was laid beneath the land about to be purchased,” says Shashank Agarwal, Advocate, Delhi HC.

Also Read: Hyderabad flat buying guide: Key documents and details homebuyers should have on their checklist

“One another important aspect to check is the city’s masterplan and check whether the construction is being done in the allowable area or it falls in the restricted portions like river beds, band flow areas or agricultural land,” says Sameer Jain, Managing Partner, PSL Advocates & Solicitor.

Check Ownership/Title/Chain of Property Documents

Before purchase, experts say that homebuyers should ascertain who holds the title to the property. This can be done by visiting the Sub-Registrar’s Office or the Municipality’s Office.

Jain says that builders often do not disclose to the prospective buyer the chain or property documents. “It is imperative that before investing any money, the buyer asks for the property/title documents from the builder.” Further, it is important to check the following:

  1. Does the builder have title over the land in the form of ownership, lease or joint development agreement?
  2. Whether the land free from encumbrance or any restrictions?
  3. Whether the chain of title flowing without any hassle or break in between?
  4. In case the title is through a court decree, then check the court records.

“All of the above information would be made available by the respective sub-registrar upon request by any person. Some efforts are required but it is also your hard-earned money which you will be investing,” says Jain.

Do some online due diligence

Sandeep Bajaj, Advocate at the Supreme Court of India, says that before purchasing any property, prospective homebuyers should conduct thorough due diligence to avoid encountering issues similar to those faced by residents of Gajularamaram in Hyderabad.

This diligence includes examining the property for encroachments and verifying whether the land was previously a river or lake bed. “Such investigations can be initiated by accessing the online land records portal of their respective state, where they must provide essential details like their name, mobile number, and address, along with other pertinent property-related information to access digitized land records,” says Bajaj.

Review the survey map of the area

Bajaj says that buyers should also visit their local revenue office to review the survey map of the area where they intend to purchase a property.

For instance, the Survey, Settlement, and Land Records Department initiated by the Bruhat Bengaluru Mahanagara Palike in Greater Bengaluru provides a valuable resource for verifying property ownership and details. Prospective buyers can access property records through websites like landrecords.karnataka.gov.in or Bhoomi.karnataka.gov.in, ensuring they have a clear understanding of the property’s history before proceeding with any transactions.

Also Read: Flat maintenance charges in Hyderabad: What owners’ associations should do to avoid legal trouble

Ensure the property is not within 25 metres of a stormwater drain

Bajaj says it is imperative to confirm that the chosen property is not located within 25 meters of a stormwater drain. Such drains are designed to channel excess water during heavy rains or floods, and construction within this 25-meter zone can lead to severe issues within the city’s drainage system.

Check land use certificate, approvals

Altaf Fathima, Partner at DSK Legal in Hyderabad, suggests that before purchasing a property, buyers should verify the following:

  • Check whether the property is situated on a private/government land as they entail different sets of regulations and obtain requisite title clarity by reviewing the documents shared by developer.
  • Check the land use certificate shared by the developer.
  • Ensure that the seller/builder is legally compliant with all the relevant environmental licenses and approvals to construct the property.

Buying own house is often one of the biggest financial decisions people make in their lives. So buyers should not ignore doing some leg work, if required, for the background check on the property to ensure nothing goes wrong in future.