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Basic things to be checked while buying property:

1. Name & title of Land should be very clear in the name of seller
2. Check whether the seller obtained Loan for that property, accordingly a paragraph in sale deed to be added
saying that the seller is responsible to clear all the dues
3. Ask for Moola pathram/Parental Documents
4. All major children ie., major children of Sons & Daughters should sign in the bond/agreement
5. Municipal tax dues/Water tax dues/Land Revenue dues & any other dues to be paid fully before the
transaction
6. Villangam & Viharam nothing has to assured. In case, of above and any hindrance to property the seller will
clear the issue and dues on his own accordingly a paragraph to be included in sale deed
7. Obtain No Encumbrance certificate from concerned authorities.
8. Mention the Flat No & Plot No in South/East/West/North/Complete Land area Length/Breadth and
Diagonals also in the Sale deed.
9. Check on TNEB charges and dues
10. Check whether the property is in seller name or is it with Joint venture development
11. Sellers any of the blood relation should not claim in future & if any claim arises then it will be sole
responsibility of the seller to get involved and clear all such disputes.
12. Get the identity and address proof of the seller
13. Obtain all payment receipts, Patta , Chitta ,Adangal extracts ,Up to date tax payments receipts of
Water/TNEB/Property/Corporation/Municipality/Revenue & other taxes etc.
14. Confirm the originality of stamp papers and only purchase stamp papers from Govt services ie.,
Registration of Assurance offices only
15. Date of purchase of stamp papers must match with the date of the documents Most important
16. Obtain Genealogical tables (family tree) of the seller, will, certificate of husband/wife and other inter
connected all documents although the above many not be required for registration
17. Crystal clearly shows door no/flat no/plot no and other descriptions of the property
18. Check if any third party interests, suppression of previous transaction, prior agreements if any, litigation and
other pending matters, which are brought to light during various stages of purchase /negotiation

Here is the list of documents required:


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Absolute sale deed in present sellers name


Khata certificate & extract from BBMP
Latest tax paid receipt
If any loan outstanding on the property, latest statement from bank
Encumbrance Certificate from date of purchase till date
Agreement of sale & construction executed by developer in favour of seller
Latest electricity bill & receipt for the said flat
NOC from Apartment Association
Sanctioned building plan
Possession/occupancy certificate from builder
All title documents of land owner
Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder
Whether originals are available for inspection if no loan is taken?
A Copy of all registered previous agreements (in case of re-sale property)
RTC (Records of Rights and Tenancy Corps) or 7/12 extract
Conversion Order issued by the concerned Authority
Registered development agreement (If in case of Joint Development Property)
Power of attorney/s if any
Photocopy of Society share certificate & Society registration certificate.
So what I was confirmed about after I got the property documents are:
The seller was the genuine owner of the property
The documents were genuine, hence no fraudulent deals

12 Important Documents To Check Before Buying A New Property


1. Sale Deed:
A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the
seller to the buyer. A Sale Deed has to be mandatorily registered. It is important that before the Sale Deed is
executed one should execute the sale agreement and should check for compliance of various terms and conditions
as agreed upon between the buyer and the seller. Before executing the Sale Deed, the buyer should check whether
the property has a clear title. He/she should also confirm if the property is subject to any encumbrance charges . A
seller should settle all the statutory payments such as property tax, cess, water charges, society charges,
electricity charges, maintenance charges etc., (subject to the agreement) before executing the Sale Deed.

2. Mother Deed:
Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent
ownership of the property from the start (if the property has had various owners). It is a document that helps in the
further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother
Deed, certified copies should be obtained from the registering authorities. Mother Deed includes the change in
ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed
records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a
missing sequence, one should refer to the records from the registering offices, revenue records or the recitals
(preamble) in other documents. The sequence should be updated until the current owner.

3. Building approval plan:


A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP (Bruhat Bengaluru
Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region Development Authority) or BIAPPA (Bangalore
International Airport Area Planning Authority) without which the construction of the building is illegal under the
Karnataka Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the jurisdictional
Commissioner or an officer authorized by such Commissioner. However, the authorities sanction a building
approval plan based on the zonal classification, road width, floor area ratio (FAR) and plot depth. A set of
documents are required to be submitted by the owner in order to obtain a building approval plan. The documents
include- Title Deed, property assessment extract, property PID number, city survey sketch (from the Department of
Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned plans (if any), property
drawings, 2 copies of demand drafts, foundation certificate (if any) and a land use certificate issued by the
competent authority (viz., Dy. Commissioner). It is mandatory that the building owner hires a registered architect
who will draw a plan meeting the applicable bye laws. One can get a building approval plan within 4-5 working days
if all the requirements are met, via the newly invented BBMP software- Automated Building Approval Plan.

4. Commencement Certificate (For under construction property):


A Commencement Certificate is a legal document issued by the local authorities (BDA/BBMP & alike) after the
inspection of the site. This document states that project meets the give criteria and helps in the commencement of a
construction on a site by the builder. Failing to acquire a Commencement Certificate will result in the construction
being considered illegal, levy penalties and can even attract an eviction notice.

5. Conversion Certificate (Agricultural to Non-Agricultural land):


With a vast amount of land being agricultural in nature in Karnataka, a Conversion Certificate is mandatory to be
obtained from the legal body for the property. A Conversion Certificate is issued to change the use of the land from
agricultural to non-agricultural purpose from the competent revenue authority. Further, the competent revenue
authority requests the Department of Town and Country Planning to issue an NOC for the conversion of land for
residential purpose. There are a certain set of documents to be submitted by the owner to acquire a Conversion
Certificate.
The documents required to obtain a Conversion Certificate are;
3 copies of the R.T.C extracts, Village map, land sketch, certified copy of the land tribunal, zonal certificate, Title
deed, no dues certificate by village accountant and Mutation Records (MR) copy.

6. Khata Certificate and Khata Extract:


Khata is derived from the word account. It is an account of a person owning a property. It typically consists of (a)
Khata Certificate and (b) Khata Extract. A Khata Certificate is mandatorily required for the registration of a new
property and the transfer of a property. Khata Extract is nothing but obtaining the property details from the

assessment registrar. It is needed while property buying and acquiring trade license. The Khata is widely referred to
as A Khata and B Khata (Revenue records extract). A Khata has properties listed under BBMP jurisdiction with
legal property construction and B Khata has properties under local jurisdiction with violated property constructions.
One should avoid buying a B Khata property as it will be deemed as an illegal construction. Nevertheless B Khata
may be converted to A Khata under certain schemes by paying penalty to the Government.

7. Encumbrance Certificate (EC):


Encumbrance means charges in the ownership or liabilities created on a property that is held against a home loan
as security. An EC consists of all the registered transactions done on the property during the period for which the
EC is sought. Simply put, it is a certificate sought for a particular period evidencing the property purchase/sale, the
presence of any transaction or mortgage. One should submit a copy of the Sale Deed to obtain an EC. A person
applying for an EC should fill in the Form 22, affix a non-judicial stamp and submit it to the jurisdictional subregistrars office. Complete residential address, property survey number, property location, the sought period,
property description, its measurements and boundaries should be mentioned in the Form. A nominal fee amount
will be charged on a yearly basis. The time taken to obtain an EC will be between 3-7 working days or more
depending on the period sought.

8. Betterment charges receipt:


Betterment charges are also known as improvement fees/development charges that are to be paid to the BBMP
before a Khata can be issued. Currently the developers are entitled to pay a fixed amount as betterment charges to
the municipal body. A receipt of the same should be obtained at the time of property buying.

9. Power of Attorney (POA):


A POA is a legal procedure used to give authority to another person by the property owner on his/her behalf. One
can either give a Special Power of Attorney (SPA) or a General Power of Attorney (GPA) to transfer ones rights
over ones property.

10. Latest tax paid receipt:


Receipts for property tax bills ensure that taxes for the property are paid up-to-date to the government/municipality.
For properties falling under the BBMP jurisdiction, it is mandatory for property taxes to be paid up to date so a
buyer could get a Khata issued in his name. It is therefore important for the buyer to make enquiries with the
government/municipal authorities to ensure that all the dues are cleared by the seller. The buyer should ask the
seller for the latest original tax paid receipts and bills and check the details of the owners name, the tax payers
name, and the date of payment on the receipt. If the owner does not have the tax receipt, the buyer can contact the
municipal body along with the survey number of the property to confirm the ownership of the land. Nevertheless,
the buyer should also ensure that other bills such as the water bill, electricity bill etc. are paid up-to-date.

11. Completion Certificate (for a constructed property):


A Completion Certificate is issued by the municipal authorities denoting that the building is in compliance with their
rules in terms of height, distance from the road, and is constructed as per the approved plans etc. This document is
important at the time of purchasing a property and seeking a home loan.

12. Occupancy Certificate (for a constructed property):


When the builder applies for this Certificate, an inspection is carried out by the authorities to ensure that the
construction meets all the specified norms. This certificate is obtained after the completion of the construction. It is
important at the time of buying a property, seeking a home loan, before the builder allows people to take
possession of the property and, for the transfer of Khata. Basically, it certifies that the project is ready for
occupancy.
While it is important to seek all the above documents from the seller at the time of buying a property, it is also
critical you deploy a competent property lawyer for vetting of the said documents. Specific advice should be sought
about your specific circumstances.

Documents to be checked before purchasing property


There are certain documents which need to be taken care while purchasing the property.

1. Title Deeds
First and foremost, check the title deed of the property which is being purchased. Confirm whether the property is in
the name of the seller and the rights to sell the property lies with only him and no other person is involved in it.
Dont satisfy yourself with the copy of the title deed. Insist on seeing the original deed. Sometimes the seller may
have taken a loan by pledging the original deed. It also needs checking whether the seller has permitted any
access to others through this land and whether any other fact has been left undisclosed by the owner of the land.It
is better to get the original deed examined by a lawyer. Along with the title deed, the buyer can also demand to see
the previous deeds of the land available with the seller.
2. Tax receipt and bills
Property taxes which are paid to government or municipality are a first charge on the property. Hence, enquiries
must be made in government and municipal offices to ascertain whether all taxes have been paid up to date. The
owner should also possess the latest tax paid receipts, which you may inspect. While investigating in different
departments of the municipality, you need to ascertain whether any notices or requisitions relating to
the property have been issued and are outstanding and not yet complied.While inspecting the property tax receipt,
it can be noted that there are two columns in the tax receipt. Make sure that the name entered in the owners
column is correct. The second column will be for the name of the one who paid the tax. Sometime the owner may
not have the tax receipt with him, in such cases, contact the village office with the survey number of land and
confirm the original owner of the land. If you are buying a house along with the property, then the house tax receipt
should also be checked. Also make sure water bills and electricity is been paid up to date and if there any is
balance payment to be made, ensure that it is made by the seller.
3. Encumbrance Certificate
Before purchasing the land or house, it is important to confirm that the land does not have any legal dues. Check
the Encumbrance Certificate issued by the sub register office where the deed has been registered, stating that the
said land does not have any legal dues and complaints.
4. Pledged land
Some people may have taken loan from the bank by pledging their land. Ensure that the seller has paid back the
entire amount due. Dont be satisfied with the receipt of the payment made. Release certificate issued by the bank
is necessary for all the debts over the land. You could buy a land without the release certificate. But if you want to
take a loan in future, the release certificate is a must.
5. Measuring the land
It is wise to measure the land before registering property in your name. Confirm if the measurements of the land are
accurate. You can do this with the help of a recognized surveyor to avoid problems in the future. You could also
take the Survey Sketch of the land from the Survey Department and compare for accuracy.

Title deeds - Clear Title


The first step is to see the title deed of the land which you are going to buy. Confirm whether the land is in the name
of the seller and that the full right to sell the land lies with only him and no other person. Don't be satisfied with the
Xerox copy of the title deed. Insist on seeing the Original Deed. Sometimes the seller may have taken a loan by
pledging the original deed. It also needs checking whether the seller has permitted any entry/access to others
through this land and whether any other fact has been suppressed/left undisclosed by the owner of the land. It is

better to get the original deed examined by a lawyer. Along with the title deed, the buyer can also demand to see
the previous deeds of the land available with the seller.
Do not buy a property if the title of property is not clear. If title is not clear or marketable it will cause problem in
future and financial institutes refuse to finance on such properties. You can either seek assistance of your lawyer or
approach financial institutes to know whether the title of the property is clear. Your property title confers the owner
of the property.
Documents
Ensure that seller of property has all documents relating to property. If possible ask for copies of original documents
and get them verified by your legal advisor or lawyer.
Encumbrance Certificate
Before buying any land or house, it is important to confirm that the land does not have any legal dues. It is available
as a certificate called encumbrance from the sub registrar office where the deed has been registered, stating that
the said land does not have any legal dues and complaints. The encumbrance certificate for the past thirteen years
should be taken or for more clarification, you could demand 30 years encumbrance certificate to be checked. If you
still have anymore doubts, you can take a Possession Certificate of the ownership of the particular land, which is
available from the village office.
Approved layout
Get copy of approved layout for the building from your builder or seller of property. Ensure that building plan and
construction is approved by the authorities and property is listed in government register.
Ensure property is free from debt and liabilities
Ensure you are buying a property which is free from debts and all taxes are paid in time. If seller of property has
taken any loan or advance on the property, ensure they are paid off and ask them for documents or copies to show
that property is debt free.
Tax receipt and bills
Property taxes which are due to the government or municipality are a first charge on the property and, therefore,
enquiries must next be made in government and municipal offices to ascertain whether all taxes have been paid up
to date. The owner should also possess the latest tax paid receipts, which you may inspect. Enquiries should also
be made in various departments of the municipality to ascertain whether any notices or requisitions relating to the
property have been issued and are outstanding and not yet complied with.
While inspecting the property tax receipt, it can be noted that there are two columns in the tax receipt. Make sure
that the name entered in the owner's column is correct. The second column will be for the name of the one who
paid the tax. Sometime the owner may not have the tax receipt with him, in such cases, contact the village office
with the survey no. of the land and confirm the original owner of the land. If you are buying a house along with the
property, then the house tax receipt should also be checked. Also ensure that the electricity and water bills are upto-date and if there any is balance payment to be made, ensure that it is made by the seller.
Intimation of disapproval (IOD)
IOD is set of instruction given by respective authorities for builders to construct the building. Normally it is valid for a
period of one year and if the building is not constructed within one years time, IOD has to be reissued.
Water and power supply
Ensure that property you are buying has adequate water supply and there is no problem of power such as voltage
fluctuation, power shortage etc. Voltage fluctuation can damage your home appliances. Ensure the availability of
water and power supply.
When buying a property ensure that there is no claim on the property by authorities or government and check
whether land is designated for the residential purpose. Before buying the property ensure you have good neighbors
and check the reason for selling the property. Make good market research and seek experts service for making
your decision.
COMPLETION AND OCCUPATION CERTIFICATES
Once the constructions complete and over, builder will get completion and occupation certificates from the
Municipal Authorities, which indicate that the building has adhered to municipal requirements.

Building Completion Certificate: This certificate is issued by Municipal Authorities showing whether the building
complies with the rules of building height, distance from road, and whether it is built according to approved plans
and is ready for habitation.
Occupation Certificate: This certificate is issued when the building is ready for occupation after water, sewage
and electrical connections are complete. An original copy of the Occupation Certificate by the Municipal Corporation
of the locality is mandatory. It is vital in the sense that this document confirms the possession to the buyer legally;
otherwise a mere handing over of the possession will stand null and void, in case a dispute arises
What are the important documents one should check before buying any property?
If you want to purchase a property, you must see the approved layout plan, approved building plan, ownership
documents, carryout search, etc. Consult an advocate before you purchase a property so that he can advise you.
What is the difference between built up area, super built up area, and carpet area?
Carpet Area: This is the area of the apartment/building, which does not include the area of the walls.
Built up Area: This is the area of the apartment/building which includes the area of the walls also.
Super Built up Area: This includes the built up area, along with the area under common spaces such as the lobby,
lifts, stairs, etc.
This term is only applicable to multi-dwelling units.
Who is liable to pay Stamp Duty-the buyer or the seller?
The liability of paying stamp duty is that of the buyer unless there is an agreement to the contrary.
In whose name are the Stamp Papers required to be purchased?
The stamp papers are required to be purchased in the name of any one of the executors to the Instrument.
What is meant by the market value of the property and is Stamp Duty payable on the market value of the
property or on consideration as stated in the agreement?
Market value means the price at which a property could be bought in the open market on the date of execution of
such instrument. The Stamp Duty is payable on the agreement value of the property or the market value whichever
is higher.
Which are the instruments that attract the payment of Stamp Duty?
The instruments that attract Stamp Duty on market value of the property are:
Agreement to Sell
Conveyance Deed
Exchange of property
Gift Deed
Partition Deed
Power of Attorney settlement and Deed
Transfer of lease
Who is the appropriate authority for knowing the market value of the property?
The Sub-Registrar of the area, in whose jurisdiction the property is located, is the appropriate authority for knowing
the market value of the property. In addition to this, financial institutions do also assess market value of the property
through their own empanelled valuation agencies
Is a POA revocable?
Yes, a POA can be either revocable or irrevocable, depending on what sort of a POA one has made.
What exactly do we mean by a Free Hold property? What are the advantages and disadvantages, if any?

A freehold property (plot or a property) is one where there is a whole and sole owner(s), ownership is full and
unconditional (within the provisions of the laws of the land) and there is no lessor/lessee involved.
How to convert a POA property into a Free Hold?
POA cannot be converted into anything. Leasehold properties of DDA in Delhi can be converted to freehold, as per
provisions.
How to verify the authenticity of the various documents submitted by the seller of the property, particularly
with regard to the possibility that the property has not been sold earlier to a third party?
Regarding authenticity of documents, again, you have to take the help of an advocate.
I want to gift a property in a Co-op Hsg. Society. What are the legal formalities? What about stamp duty?
Gift of an immovable property is considered as a transfer under the provisions of the TOP Act and you have to
have the transaction registered through a Gift Deed and pay stamp duty as per provisions of the relevant States
Stamp Act depending in which state the property is situated.
Upon buying a property from a builder in a building under
construction, what are the permissions and papers that one should check with the builder, so as to
ascertain the genuinity of the builder?
When you are buying a property from a builder in a building under construction, you have to check the following:
1. Approved plan of the building along with the number of floors.
2. Ensure that the floor that you are buying is approved.
3. Check if the land on which the builder is building is his or he has authority under an agreement with a landlord.
If so, check the title of the land ownership with the help of an advocate.
4. Check the building by-laws as applicable in that area and ensure that the builder is building without any
violation of front setback, side setbacks, height, etc.
5. Check specifications given in the agreement to sell of the sale brochure. Is he providing the same actually on
the ground or not?
6. Check the reputation of the builder.
7. Ensure that urban land ceiling NOC (if applicable) has been obtained or not.
8. Permissions from water and electricity authorities also have to be obtained.
9. Permissions from lift authorities and other Government agencies as applicable.

How to obtain title deed of a property


A title deed is a document that proves the ownership of a property and gives specific rights to the person who holds
it. The title deed is specifically required when a property is being transferred or sold to a new person.
One of the documents that any buyer should get while buying a property is title deed. Thanks to the number of
loopholes present in the real estate sector in India, all buyers need to be careful when it comes to buying

properties. The buyer should ensure that the title deed is in the name of the seller who is selling the property. The
title deed will also confirm that the rights to sell the property lies with the seller and not with anyone else.
Sometimes the seller might give a photocopy of the title deed but the buyer should insist on seeing the original title
deed. If the seller has pledged the land due to a loan, the title deed would be with the bank. In such cases, the
seller might be able to show photocopy of the title deed. However, he would not be able to produce the original title
deed which might imply some possible problems with the property.
In addition to the original title deed, the buyer should also ask for all previous title deeds. These documents should
be verified for any possible issues.
Some of the documents that are required to get the title deed are site allotment notice, sale deed, intermediate sale
deeds, encumbrance certificate, tax paid receipts, registration certificate and possession certificate.
The procedure for obtaining title deed is mentioned below:
1. The buyer needs to submit an application for the title deed to the urban development authority. Ensure that
you have a photocopy of the sale deed while applying for the title deed.
2. You might need to obtain the Encumbrance certificate before applying for the title deed. In some states like
Tamil Nadu, you can apply for the EC online. If you want to read more on it, click here.
3. You would need to obtain the lease cum sale document allotted to the original allottee.
4. Next, the buyer needs to obtain a transfer certificate . This certificate will be provided after a site
inspection.
5. After doing the above mentioned work, a title deed will be issued in the property owner's name. The
applicant needs to pay the stamp duty and then, the property is registered at the sub-registrar's office.

1. original "Title Deed"


verify that he has full right to sell the land and that he is the sole owner of the land and no one else is. It would be
wise to get the title deed reviewed by a trusted lawyer
ask for previous title deeds of the land and get these verified too by a lawyer.
2."Encumbrance Certificate":
3.In the case of "Pledged Land" >>> "Release Certificate"
4.Measure the land >> recognized surveyor
5. more then one owner: "release certificate"
6. owner is an NRI >> "Power Of Attorney"