What are the documents to be verified before owning a flat?

Purchasing an apartment in India requires a substantial financial outlay. When you are planning to buy a flat, especially in a Tier 1 city, it’s critical to verify a comprehensive set of documents to safeguard your investment and ensure legal clarity. Here are the documents to be verified before buying a flat:

• Title Deed: It establishes that the seller (or builder) legally owns the land or flat and has the authority to sell. Without a clear title, there may be hidden claims or disputes.

• Next, you should get the Encumbrance Certificate (EC). This shows whether the property has any legal liabilities, mortgages, or pending lawsuits. A “nil” encumbrance record is highly desired.

• For newer construction or large projects, you also must check the Approved Building Plan (from the local authority) to confirm that construction is sanctioned by the regulatory body.

• Following that, verify that the building has proper legal sanction for occupancy. The Completion Certificate (CC) and Occupancy Certificate (OC) certify that the building adheres to the approved plan and is safe and legal for habitation.

• Another major document is the Sale Agreement / Sale Deed. The agreement outlines the payment schedule, unit details, while the sale deed transfers ownership. 

• Then check Property Tax Receipts to confirm the previous owner or builder has paid all due taxes. 

• Also, ensure that the project is registered under the Real Estate (Regulation and Development) Act, 2016 (RERA).

• For under-construction flats, you must also check the Allotment Letter (issued by the builder specifying the flat, payment plan, etc.), and the Possession Certificate (marking legal handover).

I hope you get an idea of what documents to check before buying a flat from builder.

When I was buying a resale flat, I knew it was crucial to go through the right documents to be checked before buying a flat. To be honest, I wasn’t sure where to start, but luckily, I got help from a property lawyer in verifying documents to make my real estate transaction hassle free. He explained all the necessary paperwork and guided me through the process. Here's what I learned from that experience about it.

What Documents to be Verified Before Buying a Flat?

The required documents are as follows,

1. Sale Deed: This is the most important document because it proves the ownership of the property. The original owner should have a valid Sale Deed.

2. Khata Certificate and Extract: This document verifies the property’s registration with the local municipal authority. It’s necessary for property transactions and future taxes.

3. Encumbrance Certificate: This shows the property has no legal dues, such as loans or mortgages. It ensures the property is free from any encumbrances.

4. Occupancy Certificate: This is proof that the building has been constructed according to the approved plan and is ready for occupation. Without this, the property might face legal issues later.

5. Building Plan Approval: The approval ensures the building’s construction is legal and follows the local guidelines.

6. Property Tax Receipts: Ensure all property taxes have been paid by the previous owner. If taxes are pending, you might be responsible for them.

7. NOC from Relevant Authorities: The No Objection Certificate from the housing society or the builder is necessary to confirm there are no disputes related to the property.

8. Sale Agreement: The Sale Agreement should outline all terms and conditions of the property purchase. Make sure all details are clear.

If you’re unsure, I highly recommend seeking help from expert property advocates at NoBroker for a hassle-free property document verification and transaction.

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Wondering the things to check before buying a flat? Before owning a flat, it’s crucial to verify several legal documents to ensure a smooth and secure transaction. I’ve shared a checklist of essential documents you should examine.

What are the Documents / Things to Check Before Buying Flat?

The following are the list of documents to be checked before buying a flat,

1. Sale Deed: The sale deed is the core legal document that proves the sale and transfer of the property. Read it carefully and understand all terms and conditions before signing.

2. Completion/Occupancy Certificate (CC/OC):

• Completion Certificate (CC): Issued by municipal authorities upon project completion.

• Occupancy Certificate (OC): Issued by local government agencies, certifying the property’s readiness for habitation.

1. Building Plan: Review the approved building plan to ensure compliance with regulations.

2. Encumbrance Certificate: Verify that the property is free from any legal dues or liabilities.

3. Mutation Certificate: Confirms the transfer of property title to your name in the municipal records.

4. General Power of Attorney (GPA): If applicable, check the GPA’s validity and scope.

5. No Objection Certificate (NOC): Obtain NOCs from relevant authorities (e.g., society, builder, water supply, electricity) to avoid future disputes.

6. Utility Bills: Check utility bill payments (water, electricity, property tax) to ensure no outstanding dues.

7. Bank NOC: If you’re availing a home loan, obtain a No Objection Certificate from the bank.

8. Title Deed: Verify the property’s ownership title.

9. Sale Agreement: Understand the terms and conditions mentioned in the sale agreement.

Remember to consult legal experts or professionals if needed. These documents to be verified before buying a flat safeguard your investment and provide peace of mind during the property purchase process.

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