Here is a list of important documents that you need to check before buying a property :
Land titles/ construction permits/ approvals required from authorities
- Check if the ownership of the land is in favour of the builder.
- See if the conveyance of the property is in favour of the seller.
- Urban Land Ceiling & Regulation Act clearance certificate is in order.
- Permission to use land for non-agricultural purposes has been taken.
- Original plan approved by municipal authorities is in order.
- Commencement Certificate has issued by municipal authorities.
- Occupation Certificate has been issued by the authorities stating that the building is complete and fit for occupation.
Title Clearance Certificate
- Obtain a title clearance certificate from the advocate certifying that the property intended for purchase is unencumbered and has a clear marketable title.
Society clearance and membership
- No objection from society for transfer or sale of the flat.
- Payment of necessary transfer charges to the society.
- Obtain the share certificate from the society duly transferred in the name of the buyer.
Property tax records
- Ensure that the seller was paying property tax and the other property related taxes set by the local development/municipal authority up to the registration date of the sold property. You can get the certified copies of the property tax, water tax, water charges and electricity charges from the sub-registrar’s office in your city.
Ensure that the following are in order while signing a sales agreement :
- The serial number of the flat/floor is clearly indicated.
- The carpet area/built-up area and purchase condition of the property are clearly stated.
- The floor plan should be annexed with the agreement.
- Ensure that all the amenities (flooring, door, window, etc) are clearly specified.
- The sale amount is clearly mentioned.
- The agreement is signed and stamped and lays down the payment schedule.
- The seller should provide the original stamped receipts and previous sale deed in case of a resale property.
Stamp duty and registration
- The stamp duty is payable on the agreement or market value of the property, whichever is higher.
- The agreement is to be registered with the sub-registrar under the provisions of the Indian Registration Act within a period of four months from the date of its execution.
- Check for stamp duty and registration charges applicable in different states across India.
Taking possession of the flat
- Ensure that you receive possession of the flat on the date specified in the agreement.
- Check if there is any provision in the agreement for refund of the amounts due by the builders/sellers in case the seller fails to give possession of the property on the date agreed upon.
- Ensure that all the amenities stated in the agreement are present along with running supply of electricity and water.