Tuesday, December 2, 2008

Land Title Deeds - Dont Give Copy to Unreliable Brokers

Recently, a friend of mine complained about forging of the signature by brokers and creating Power of Attorney to sell the land without the knowledge of real owner. This is a very serious case very often reported in Bangalore.

The crooks behind this are real estate brokers. They collect photo copies of title deeds from the unsuspecting owners and manipulate the documents by creating a Power of Attorney and then sell the land to innocent buyers.

Therefore, I advice people not to give even photocopy of their title deeds to brokers and thereby get cheated. Be very careful. Always insist for one to one meeting in the presence of your lawyer/property advisor.

Sunday, September 21, 2008

Are you buying Landed Property ? Some Precautions

Cases of impersonation is increasing in real estate transactions. Most of the times, buyers do not insist for proper identification of the Seller thinking that only owner comes forward for sale. But there are thousands of cases of fradulent transactions reporting in urban India. Hence, a piece of advice. Know your Seller before knowing more about property.
1. Who is the Seller?. Ask this question first. Insist for identification with the help of PAN Card, Passport, Voters ID Card, DL, Bank Pass Book etc. Keep a copy thereof for reference.
2. Compare seller's personal identification details with the particulars mentioned in the title deed. [ Sale Deed, Gift Deed, Settlement Deed, Partition Deed, Will, Grant Certificate etc].
3. Verify these details with reference to Khata and Record of Rights.
So, ensure that he person who claims to be the owner is capable of proving his ownership based on documentary evidence.

Duty of Real Estate Broker

Insist real estate broker to do atleast the following before taking 2% of the transaction money !
1. Sign the agreement for sale as a witness with correct name, age, parentage, residential and business address. Confirm his/her identity with reference to public documents.
2. Also sign on the Deed of Sale and get photographed before the Sub-Registrar while getting the Deed of Sale or such other deed or documents registered.
Reason:
1. If ther is a fraud behind the deal or forgery in any documentation, you can hold the agent responsible and accountable in criminal proceedings before the court of law.
2. If the deal gets cancelled, you can get him examined as a witness in the court of law.

Who Cares for Human Rights of Police in India?

India lost her another brave son Police Inspector Mr. Mohan Chand Sharma in an encounter with terrorists in Delhi day before yesterday. Nation salutes this hero.

We have intellectuals who 'cry' when terrorists are gunned down by police saying that its fake encounter !. Yes. Ther are cases of fake encounters in this country due to unholy nexus of police, mafia and politicians. But what surprises me is that none of the intellectuals have the courtesy to acknowledge the sacrifice of honest police officers like Mohan Chand Sharma. Because they dont get publicity !.
My heart goes to those military, para military, security forces and police personnnel who sacrifice their life for the nation.

Attack on Churches - Let Hindus and Catholics resolve without Politicians

I was in Mangalore last week when churches were atacked by Bajrangis. It was a clear case of 'vandalims". There is no doubt about it. There can not be any justification for the manner in which these miscreants attacked the churches even though there is a strong case of "objectionable conversion" according to this Hindu outfit. In my view there are better means of protest.

But at the end there was a ray of hope of amicable resolution of diferrences by the leaders of both the communities. Unfortunately, at that point of time enterd the opportunist politicians just to take advantage of the situation with an oblique motive to capitalise the sentiments of the people for political gain. Now the issue is no more in the hands of religios leaders.

I appeal to the common man to continue the same kind of mutual trust and faith without being influenced by these political and religious leaders or media drama.

Can Indians afford to fight in the name of religion?

We have dangerous enemies around us. Every week our cities suffer from bomb blasts because of the "sponsored terrorists". These enemies within are trained and sent to India by the historical enemy countries in the name of religion !.

Unfortunately, we are also busy fighting in the name of religion instead of remaining united to save the nation from such external threats with the help of internal vested elements.

I think time has come to make introspection and collectively fight aginst these enemies. We cant afford to have sectarian violence as we will only helping the foreign hands to weaken our country.

Owner's Precautions

1. Insist for proper identification of tenant before entering into rent agreement. Keep a copy thereof with you for future reference.
2. Inform the jurisdictional police station about the tenant after signing the agreement.

Tenant's Precautions

1. Ask for a copy of title deed [ Ex Sale Deed, Partiton Deed etc ] reflecting correct name of the owner.

2. Obtain NIL-Encumberance Certificate from the jurisdictional Sub-Registrar office to ensure that the house is not mortgaged with any Bank and under threat of securitisation.

3. Enter into an agreement with the owner only. [ Not with other members of the family]

4. Pay the refundable security deposit amount by cheque or DD.

5. Seek legal advice if you have any doubt and better to get the rent agreement drafted by a lawyer.

Real Estate Brokers "Rowdism"

Recently I came across an incident of "rowdism" by a real estate broker. This has happened in Bangalore. An IT Engineer wanted to take a house on rent for 11 months near whitefield. Unfortunately, he came in contact with a broker like most of the people in the cities. The broker just showed a house. Thats all he did. Infact, he was not even authorised by the owner to do so. The broker then demanded one month rent of Rs.12,000 as his "service charge". When this poor guy refused to entertain his unreasonable demand [ while offering 15 days rent for just showing the house and doing nothing !], he was threatened with dire consequences. Finally, he had to shell out one month rent out of fear as the broker proved to be a criminal.
I have heard about many such instances of day light robbery by brokers. Hence, my advice to people searching for rented premises in cities like Bangalore is to at least demand the broker to arrange for copy of the title deed of owner of the rented premises, arrange for stamp paper on which agrement is going to be drawn and insist to get rent agrement drafted at his cost before paying money to them. It is highly useful to get information on rented premises from the various property websites.
Otherwise we are helping these criminals to make easy money !.