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Real Estate

Real Estate Transactions: Legal Due Diligence

A comprehensive verification of property documents prevents costly disputes. Use this checklist to safeguard your upcoming real estate investments.

December 28, 2024
Adv. Neha Singh

Whether you are acquiring residential or commercial property, legal due diligence is the first line of defence against litigation. Our real estate team reviews chain of title, approved plans, encumbrances, regulatory permissions, and municipal dues to confirm the property’s legal health.

Title and Encumbrance Verification

Examine sale deeds, gift deeds, partition deeds, and revenue records spanning at least 30 years. Certified copies, mutation entries, and Encumbrance Certificates (Form 15) reveal mortgages, charges, or litigation pending against the property.

Regulatory & Statutory Compliances

Check for Occupancy Certificates, commencement permissions, environmental clearances, RERA registration, and adherence to zoning norms. For corporate sellers, board resolutions authorising the sale are mandatory.

Drafting Safeguards

Sale agreements should include indemnity clauses, possession timelines, defect liability, and a well-defined dispute resolution mechanism. Escrow arrangements add an additional layer of security until all deliverables are met.

J & S Attorney Alliance manages due diligence from document collection to registration. Engage our property specialists to mitigate risk and close transactions with confidence.

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