In today’s world, when everyone is living their life at a brisk pace, managing all your paperwork while staying at home has become possible. Whether you are an NRI (Non-Resident Indian) or a working professional, even moving from one city to another for work, getting all your property documents verified by law remotely in India is now easier than ever.
Whether it is signing a power of attorney or completing all legal documentation for your property, the Indian legal system is slowly shifting to digital ways. In this blog, we will cover all aspects related to the remote verification of property documents.
Why Remote Legal Verification of Property Documents Matters
In Indian property transactions, there is a lot of paperwork involved, and a failure to produce one verified document could result in several legal hassles. From property ownership conflicts and delays in the registration process to financial fraud and defective titles, poor management of property documents will lead to several complications, and in worst cases, may even end up dragging you to courts for long periods.
There has been a rise in the demand for legal document verification in remote locations lately, considering the trend of rapid urbanisation, millions of Indians moving to different towns for their jobs, and a sizable NRI community investing in Indian real estate. Not everyone can afford to visit government or legal authorities’ offices for this purpose.
The Indian law has very effective mechanisms for handling the entire issue of property document verification legally, without anyone needing to appear physically at any location.
Key Documents Required for Property Verification in India
Before proceeding to discuss remote verification procedures, it is essential to consider what kinds of documents one would expect to come across when transacting property in India. Proper preparation will prevent legal headaches down the line and facilitate a hassle-free transaction.
A Title Deed is arguably the most crucial document since it serves as a document proving ownership of the property. An Encumbrance Certificate proves that there are no loans or legal liabilities attached to the property. A Sale Agreement or Sale Deed is used to record the sale of the property to another individual. In cases where the property is sold remotely, a Power of Attorney comes in handy.
In the event the property is being rented out, then it is crucial to have an appropriate rent agreement form for a house lease. A mutation helps in changing the revenue record of the property to the name of the new owner, whereas a property tax receipt shows that all obligations have been fulfilled.
How to Get Property Documents Verified Remotely in India
Use a (PoA)
The Power of Attorney is one of the best legal instruments to verify property remotely. You can appoint someone you know – a relative, a contact, or any lawyer – to handle everything related to property.
However, there are two types of Power of Attorney in property cases. In the case of the General Power of Attorney, the authority given is extensive, whereas the Special Power of Attorney gives the agent permission to do certain things like signing the rent agreement. Thus, it is always recommended that you use the Special Power of Attorney since the risk involved will be minimal.
For a remote execution of the power of attorney, you have to draft the PoA document and have it notarized at the nearest Indian embassy or consulate, depending on where you are located. Afterwards, the notarized PoA should be forwarded to India, where the adjudication process will occur.
Fill Out and Submit Legal Forms Online
In regard to digital initiatives adopted by India, there exist numerous forms that one can access via online means. This is achieved by using government websites like MCA, CERSAI, and State Registration sites, where people get to submit their legal forms with respect to their properties and upload scanned and notarized documents, along with making payments of the required fees via online means. It is also important to make sure that all the documents have been filled out, witnessed, and notarized.
Execute a Rent Agreement Form Remotely
If you are either a landlord or a tenant involved in the business of rental properties, then the process of signing a rent agreement form is not only completely feasible in India but is also easily achievable without having to physically meet the other party. The first step involves drafting a rent agreement document in the legal format, which includes terms and conditions, such as the amount of rent, security deposit, lock-in period, maintenance terms, and provisions of the agreement for its cancellation or termination.
As per Indian law, all rental agreements having a duration exceeding 11 months have to compulsorily be registered.
Use a House Lease Contract for Long-Term Leases
In order to have a successful rental agreement for an extended period of time, a lease contract for the house is necessary. The sample format for a house lease contract consists of full names and addresses of both parties, the entire description of the property, the lease term, the possibility of renewing the contract, the monthly rent fee and increase clause, the terms for providing security deposit, maintenance and repair conditions, and a process of dispute resolution.
Draft a Comprehensive House Rent Agreement
It can be seen that the agreement to rent a house is helpful when the tenure is less than 11 months. In order to make an agreement legally valid, the agreement has to be signed by both parties present along with two witnesses and must be written on stamp paper of specified cost. All terms and conditions, such as rent, advance, maintenance, and notice period, have to be mentioned in the agreement.
One such method for creating an agreement is by using online services such as Lex Legalizer.
Role of E-Stamping and Online Registration
The process of stamp duty and registration in India has been substantially digitized. The e-stamping system is prevalent in all major states with the help of SHCIL (Stock Holding Corporation of India Limited) or the state websites. Some states like Maharashtra, Delhi, and Karnataka even provide for appointment of registration via online means and virtual registration. Digital signatures are acceptable according to the Information Technology Act, 2000, for the majority of the documents.
Why Choose Lex Legalizer for Remote Property Document Verification?
Handling property laws remotely can become very complicated without the proper guidance. Lex Legalizer helps you simplify everything by providing you with professionally written power of attorney documents, rent agreement templates that can be customized, and house rent agreement templates in accordance with Indian laws, house lease agreement templates, and complete help throughout the process of drafting, notarizing, and registering your documents. Regardless of whether you are located in Mumbai, Dubai, or New York, Lex Legalizer will help make sure that all your property documents are validated without you having to leave your house.
Common Mistakes to Avoid
Many people make mistakes without realising the extent of damage these could do to their legal papers and property dealings.
The first thing that people often tend to do is submit an unregistered or unstamped rent agreement form, which may result in rendering the document invalid. Second, the use of a General Power of Attorney without knowledge about the scope of power can put one in jeopardy. In case the document has been signed abroad, one should not forget the process of notarization, as this could lead to trouble while registering it in India. State-wise stamp duty rates should also be considered while signing the documents.
Lastly, people often try to save money by using templates of deeds or agreements that have not been assessed from the perspective of the law. It can be a huge mistake, as these papers may not be legally valid and acceptable in court. The use of services of a reliable legal platform like Lex Legalizer will help avoid all such mistakes.
Conclusion
There is no longer any need to worry about how to get your property documents verified through legal channels when you are staying outside India. If you have the right tools, that is, the right power of attorney, the right set of legal forms, a well-prepared rent agreement form, a good house lease contract form, and an accurate house rent agreement, then you can deal with your property affairs from anywhere in the world.
It just takes the help of some trustworthy lawyers who know everything about Indian property laws. Here is the best place for all your online property documentations – Lex Legalizer.
Frequently Asked Questions (FAQs)
Absolutely, you can verify your documents in India via remote PoA. You simply execute a PoA in favor of an authorized individual who will take care of the entire process on your behalf. This makes the whole process legal and valid in accordance with Indian laws.
Absolutely! If the contract has been signed through an authentic digital/electronic signature, the Information Technology Act, 2000 will treat it as a legal document. Nevertheless, for contracts greater than 11 months, physical registration with the sub-registrar is compulsory. Tools such as Lex Legalizer could assist you in preparing your rental agreement online.
The agreement for renting a house is mostly used for tenures that are 11 months or below, and provides for much more flexibility. On the other hand, the agreement for leasing a house is used if the tenure is for 12 months or more. Both these types of agreements should be made on stamp papers.
The following documents are required for the verification of property remotely: Title Deed, Encumbrance Certificate, Sale Agreement, Power of Attorney, Mutation, and Property Tax Receipts. Depending on the type of transaction, you may require a template for a rent agreement or a sample contract for a house lease. Lex Legalizer can assist you in identifying any other requirements that may be needed.
In case the concerned individual does not belong to the borders of India, then the Power of Attorney may be executed by the Indian Embassy or Consulate Office in that respective nation. However, after signing and notarizing it, it will have to be submitted to India for adjudication and registration at the Sub-Registrar’s office. It would certainly be more prudent in the case of the Special Power of Attorney.
