You may be looking for a property for more than one reason. While you’re looking for one, it is important to understand the land documentation required to purchase a flat, a house, a plot, or any other real estate.
No construction can be done under the Government Housing Schemes of India if all necessary documents are not presented before you purchase the plot of land. While the apartment or house is being built, documents must be submitted.
Even though property prices and demand are constantly on the rise, many people still have difficulties with the whole process of buying and selling properties.
It is difficult to buy property these days. You need to thoroughly research the property before you buy it. This includes checking the background of the property, the land documents, and information about the owners and checking to make sure the property isn’t involved in any disputes.
India’s laws regarding the property are generally governed by the Transfer of Property Act and the Real Estate Regulation and Development Act. It is essential that you review the documents before purchasing a plot from a builder.
The RERA Act requires that properties be registered with the RERA authorities of the state. RERA makes it mandatory for builders to register their projects. This allows you to quickly view all of the important documents that need to be checked before purchasing a flat from a builder.
Before you buy property in India, you should consult a lawyer. They can assist you with all paperwork and applications.
They will review all documents and make sure that you are not being cheated by any contractor or builder.
How can you make it easy to buy a property?
To avoid future problems, make sure you do a quick search of all property documents before purchasing or selling property in metro cities or other urban or suburban areas.
Here is a list of documents that must be completed before purchasing a flat or any other property. It doesn’t matter if you buy it from a builder or from a Gram Panchayat in a state. You should consult someone to get a better understanding of the following requirements:
- Title Deed
Before buying a house, or any other property that can signify the ownership of it, the Title Deed is an important document to verify. The title deed also outlines the rights and obligations of each owner, as well as the rights to a mortgage, if required.
- Certificate of Construction Clearance or Certificate of Commencement:
This document is necessary when you purchase any ongoing construction property from the builder. Before buying a house, flat, or land from a builder, you need to verify the commencement certificate. It says that construction can only be started after the local authorities’ approval, license, and permission.
- Approval of Building Plan or Approved Layout plan:
An Approval Plan is required because it states that the local authorities must approve the building you plan to buy as a residence, and there are no issues.
- No Objection Certificate (NOC):
A certificate of no objection is one of the most important documents you need to verify before purchasing a flat from a builder. It is issued by the relevant local authorities and states that there are no discrepancies in a plan and that it is possible to be executed. This document serves as evidence that the authorities have approved the project or building and that no objections were raised regarding its construction.
- Certificate of Land Use
The land use certificate, which identifies the intended purpose of the land, is mandatory. The land can also be divided into three types based on its use.
In Karnataka, for example, there are some areas that require you to verify certain documents before purchasing agricultural land. The Land Use Certificate should clearly state the purpose of the land. It identifies the type and possible activities on the particular land. You may need different papers in Delhi, or any other State, which may differ from the documentation process of other types of grounds. You cannot use commercial land for residential purposes, and you can’t do any commercial activities on agricultural land.
- Certificate of Encumbrance:
An Encumbrance Certificate is a document that ensures the title of the property is uncontested, and the buyer does not have any mortgage or loan against it.
- Completion Certificate
Before purchasing a house, document verification is important after the project has been completed.
- Occupancy Certificate and Possession Certificate
The local authorities issue this certificate. This certificate is only issued after completion of the construction, and this permits the property to be used for its intended purpose.
What official documents should I check before making a purchase?
Let’s take a closer look at the official documents required to purchase a house, flat, or land.
- Sale Deed:
The Sale Deed contains all details about the buyer and seller of the real estate possession. Only after the sale deed has been executed can we declare that possession is sold.
- Mother Deed
The Mother Deed, also known as the parent document for a real estate property, helps to determine the origin of the property. It is essential in the event of property resale.
- Conversion Certificate
On request from the revenue authority, the Conversion Certificate is issued by the competent revenue authority.
- Khata Certificate
Khata is an Arabic word that means account. Khata Certificates are required for property transfers.
- A power of attorney:
A person can appoint another person to act for them through the Power of Attorney. The person appointed is legally authorized by the General Power of Attorney and the Special Powers of Attorney.
- Receipts of tax paid
The receipts for the tax paid by the property owner play an important role, and it is subject to property, house, and other taxes imposed by the municipality.
Frequently Aasked Questions (FAQs)
What documents are required to buy a house?
These documents include – Sale Deed and Mother Deeds, Building approval plan, Commencement Certificate, Conversion Certificate (Agricultural land to non-agricultural property), Khata Certificate, Khata Extract, Khata Certificate, Encumbrance Certificate(EC), Betterment Charges receipt, Power of Attorney(POA), Most recent tax paid receipt, Completion Certificate for a constructed asset, Occupancy Certificate for a constructed asset.
How can I confirm that the property has been legally verified?
To verify that the title papers are correct:
- Ask for bank approval.
- Tally the approved site plan.
- Check for property tax slips.
- Encumbrance certificate: Verify that the project is registered.
What is the average time it takes to buy a house from start to finish?
A house purchase takes approximately six months, and this varies from one property to the next. It could take between 20 and 90 days to find a home, 15-30 to get a mortgage offer, 20-30 to find an attorney, and then another 20-30 to exchange contracts. Finally, 10-30 days are required to get the keys.
What documents are required by the seller?
Original Land Deed, also known as the 7/12 document, of the current owner. It also includes the names of previous owners—a Sub-registrar’s Office Encumbrance Certificate for the last 30 years.
How do I verify the ownership of a house/home?
Visit the County public records office (or check online). Or to the tax records office.
What documents are needed to apply for a loan or buy a resale property?
Agreement to Sell (ATS), Chain of Title or Sale deed NOC from society or other relevant bodies, Share Certificates in the case of organizations, Title Report Occupancy/Completion Certificate (OC), Encumbrance Certificate (EC)
Is it possible for a builder to give possession without OC?
Without an OC, a builder cannot allot a property. An OC must be obtained before any person can occupy or permit anyone else to occupy a building or any part thereof.