The Dhaka Times Desk Land fraud in the country has been going on since ancient times. If you are not experienced in buying land, there are many brokers or sellers out there to cheat you. So let's know the details of every process from determining the land price to earnest money and land transfer.
In our country there is a law that regulates the purchase and sale of land. However, the dishonest people are cheating the common buyers through the loopholes of the law. It is possible to get rid of it only through the collective awareness of buyers and sellers as well as all concerned.
Land valuation:
In the first step of buying land comes the matter of diligence. You as a buyer buy a piece of land and with the consent of the seller you have agreed to buy the land, and at the same time the seller has agreed to sell the land to you, a preliminary agreement is made between the two parties demarcating the land. This is called seriousness. The buyer is liable to the seller for the purchase of the land by paying the amount specified in the earnest money. Corruption takes place in this area, in many cases the landowners first sell the land to one person and then by resorting to fraud, sell the land to another person at a higher price and gain more profit. The same land is promised to many buyers and money is charged accordingly. This is how innocent consumers are cheated.
Section 53B has been added to the Transfer of Property Act to prevent such fraud. According to this provision, from July 1, 2005, if any earnest money is made for the purpose of selling immovable property, the said land cannot be sold to any other person while the earnest money is in force. If sold then the sale shall be deemed void. Therefore, before you buy land, you must check whether the land is being sold to anyone else.
In case of purchase and sale of immovable property:
In the case of immovable property, even if there was no deed in the name of the donor, the sale was valid, in this case, the purchase and sale was done by looking at the deed of inheritance or the original owner's name. In this case there is an opportunity to cheat. But now this provision has been changed. In case of transfer of immovable property, it has been made mandatory that the said certificate be in the name of the deeder. For this, necessary amendments have been made in the Transfer of Property Act by adding a new provision (Section 53C). Therefore, in case of land purchase, buy by looking at seller's name khatian or namjari khatian.
Purchase of mortgaged land:
You, the buyer, have purchased a piece of land that was previously mortgaged to someone else. Another person appeared with the property of the mortgaged land after buying! Understand the situation? In such a situation, you have to pay the additional amount of the mortgage to that person.
Section 53 was added to the Act to prevent land mortgage fraud. If immovable property is mortgaged according to this section, the said property cannot be sold or mortgaged to any other person without the consent of the mortgagee. If the mortgage is given or sold, the said sale or mortgage shall be deemed void. Therefore, in this case you can claim compensation even if you buy the land without knowing it. And before buying, find out whether the land you are going to buy is really a mortgaged land.
Property information with deed:
There is no obligation to attach an affidavit to confirm ownership information in sale, mortgage and gift deeds of immovable property, which creates complications in property sales. In this way, before the division of the property, an heir sells it without determining his own property, as a result, other heirs later interfere with that part.
Article 53E has been inserted in the Act to resolve this complication regarding ownership information along with the deed. According to this provision, it is mandatory to attach an affidavit of ownership of the deed to every sale, mortgage and deed.
As a result, take care of the above things and be a little aware, only then you will be saved from being cheated or cheated in the purchase of land.
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