Buying a property is one of the most important investments in life. To ensure a safe and smooth transaction, it is crucial to verify all property documents before proceeding. The Real Estate (Regulation and Development) Act, 2016 (RERA) has made property buying safer in India by promoting transparency, protecting buyers, and standardizing key legal documents. Here's a complete guide to important property documents required for buying property as per RERA.
List of Key Documents to Check Before Buying a Property in India
1. Agreement for Sale
The Agreement for Sale is the first and most important document in the property buying process. It is a contract between the buyer and the seller that outlines the property details, payment plan, possession date, and terms of the transaction. However, signing this agreement does not transfer ownership immediately. It is a promise to sell and buy the property under agreed terms. RERA ensures that this agreement is standardized and free from misleading clauses, protecting the buyer's interest.
2. Absolute Sale Deed and Title Deed
A sale deed, or absolute sale deed, is the final legal document that transfers property ownership from the seller to the buyer. It must be registered compulsorily at the local sub-registrar's office to be legally valid. The deed confirms the sale and outlines all terms agreed upon by both parties. Buyers must verify a clear title, ensuring the property is free of disputes, mortgages, or other legal encumbrances. This deed is proof of ownership and is required for all future transactions or loan applications.
The title deed is also critical, as it verifies the developer's right to sell the property. Ensuring a clear title protects the buyer from potential future legal issues.
3. Revenue Records
Revenue records are government-maintained documents that track ownership, land details, tenancy, mortgages, and legal charges on a property. In India, these documents are known by different names in different states, such as Bhulekh, Khata, Khasra, Khatauni, Jamabandi, 7/12 extract (Satbara), Patta, or Pahani. Checking revenue records confirms the property's legitimacy and the rightful owner.
4. Encumbrance Certificate (EC)
An Encumbrance Certificate certifies that the property is free of financial or legal liabilities, such as loans or mortgages. It is obtained from the sub-registrar's office and is essential if you plan to take a home loan. Banks often require an EC to ensure that the property has no existing encumbrances.
5. Approved Building Plan
The builder must provide a copy of the approved building plan sanctioned by local authorities. This ensures that the property complies with zoning laws, building regulations, and safety standards. Any deviation from approved plans can result in legal penalties or demolition.
6. Completion Certificate and Occupancy Certificate
A Completion Certificate (CC) is issued upon verification that construction is complete as per the approved plan. It confirms compliance with structural safety, local regulations, and building standards.
The Occupancy Certificate (OC) certifies that the property is ready for habitation and meets all safety and regulatory requirements, including fire safety, sanitation, and structural stability. Both CC and OC are essential for legal possession of the property.
7. RERA Registration Certificate
RERA requires all major residential and commercial projects to be registered with the authority. The RERA registration certificate ensures that the project is legal and adheres to all regulatory guidelines. Buyers should verify the registration number on the official RERA portal. Projects under certain exemptions, like small projects or those completed before RERA, may not require registration.
8. Allotment Letter
After booking a property, the builder issues an allotment letter. It contains details on the allotted unit, the payment schedule, and the agreed terms. This document is crucial for legalizing the purchase and applying for a home loan.
9. Property Tax Receipts
Verify all property tax receipts to ensure the seller has cleared all dues. Unpaid taxes can create legal and financial issues after purchase.
10. No Objection Certificates (NOCs)
The builder must obtain NOCs from various departments, such as the water supply board, electricity board, fire safety department, and pollution control board. If the property is part of a housing society, a NOC from the society is also required. These documents confirm that the property is legal and compliant with all regulations.
11. Home Loan Clearance Certificate (If Applicable)
If the seller financed the property with a loan, ensure that the loan is fully repaid. Obtain a loan clearance certificate from the lending bank to confirm there are no outstanding debts tied to the property.
12. Ownership Transfer Documents
For resale properties, verify previous sale deeds and mutation records. These documents ensure a smooth transfer of ownership from the previous owner to the buyer.
13. Legal Opinion
It is recommended to obtain a legal opinion from a qualified property lawyer. A lawyer will review the sale deed, title, encumbrance certificate, and other records to ensure there are no legal risks.
How to Check Property Ownership Documents Online in India
Most state governments provide online portals to verify property ownership records. Buyers can check title deeds, encumbrance certificates, and land records using survey numbers or owner names. Always rely on official government websites rather than third-party portals to ensure authenticity.
Common Mistakes to Avoid
- Not verifying original documents or relying solely on photocopies.
- Ignoring revenue or land records.
- Assuming the seller's claims are correct without legal verification.
- Overlooking NOCs, approvals, and tax clearance.
Always consult legal experts to ensure a safe property purchase.
Timeline to Complete Property Purchase
Property purchases usually take 2 to 6 months, depending on documentation, financing, and verification. Delays often occur due to incomplete records, loan issues, or legal disputes. Proper verification of all documents upfront can speed up the process.
Conclusion
Purchasing a property in accordance with RERA guidelines is safe and transparent when all documents are properly verified. Key documents include the Agreement for Sale, Sale Deed, RERA Registration Certificate, Title Deed, Encumbrance Certificate (EC), Completion & Occupancy Certificates, Allotment Letter, Property Tax Receipts, and NOCs. Always consult a legal expert, such as Rise Infraventures Limited, India's top real estate consultant, before finalizing the purchase.
By carefully checking all these documents, you can safeguard your investment and ensure a smooth, secure, and hassle-free property purchase.
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