Need legal advice on purchase of resale property

Some of the legal advice on purchase of resale property are;

• A resale sale is not safe unless you confirm clear title, no encumbrances, valid approvals, and proper documentation.

• Confirm the seller has a clear and marketable title this means an unbroken chain of ownership without disputes, prior claims or defects. You should check the current Sale Deed and the Mother Deed (ownership history) and get a qualified property lawyer to conduct a title search.

• Get the EC for at least the past 12–30 years from the Sub-Registrar’s office. It shows whether the property is free from mortgages, loans, liens or legal disputes.

• For flats, ensure the building has approved plans, completion/occupancy certificates (CC/OC), and that construction complies with local civic rules. For lands, verify land-use conversion, municipal Khata/Patta, and zoning compliance.

• The seller must clear property tax, utility bills, and society maintenance dues. Get No-Objection Certificates (NOCs) from banks (if the property was mortgaged) and the housing society or municipal body confirming no pending dues.

• Execute a Sale Agreement with clear payment terms and protections (e.g., earnest money, penalty clauses). After all checks, register the Sale Deed at the Sub-Registrar with correct stamp duty and registration fees.

• Post-registration, apply for mutation in municipal/revenue records in your name to complete legal transfer.

I hope this helps!

In case you are going to purchase a resale property then you have to pay attention to some advice that is mentioned below:

1. During the resale of the property, the document requirement will be as same as that required during the primary sale of the property. It should be ensured that the seller is having an original copy of all the required documents. 

2. Before buying the resale flat you should get the documents related to the property to be verified by a competent person. As a buyer you should also talk to the builder of that property.

3. As a buyer of a resale property you should be aware that the property transfer from the seller to your name  and re-registration are necessary in case of purchase of any resale. 

4. In case if you are buying an apartment in a society, the original sale deed and the society share certificate will be needed. In the sub registrar's office, along with the sale deed, a letter from the society mentioning the details about the number of floors in the building, its construction year, and the relevant information such as built-up area, etc.

5. It is necessary to check whether the seller is the true owner of the property or not. In case if the ownership of the property has changed multiple times then the buyer should seek clear ownership history of that resale property.

6. As a buyer of the resale property you should ensure that the seller doesn't have any dues pending against the house which you may have to pay later.

7. An assessment bill is also required to be submitted in the society issued by the local civic body.