Buying property in India is a significant investment, and it’s crucial to ensure that you have all the necessary legal documents in order to protect your interests & Can Save You From Property Fraud. Here is a list of key legal documents to check before buying property in India:
- Title Deed (Sale Deed or Conveyance Deed): This document proves the seller’s ownership of the property. Ensure that the title deed is in the seller’s name and free from any encumbrances, disputes, or legal issues.
- Mother Deed: This document traces the property’s ownership history from the time it was first acquired from the government or a development authority. Make sure there are no gaps or disputes in the chain of ownership.
- Encumbrance Certificate: This certificate provides information on any existing mortgages or legal claims on the property & All Transactions . It confirms that the property is free from any pending liabilities.
- Property Tax Receipts: Check for property tax receipts to ensure that all property taxes have been paid up to date.
- Approved Building Plan: If the property is part of a housing complex or multi-story building, ensure that the building plan is approved by the local municipal authority.
- Occupancy Certificate: If the property is a newly constructed building, verify that it has received the occupancy certificate from the local municipal authority. This certifies that the building complies with all construction and safety regulations.
- Release Certificate: If the property is mortgaged, ask for a release certificate from the bank or financial institution to confirm that the loan against the property has been repaid.
- Mutation Document (Mutation Extract/ROR): This document establishes the property’s current owner according to the revenue records. Ensure that the owner’s name in the mutation document matches that in the title deed.
- Power of Attorney (if applicable): If the property is being sold through a power of attorney holder, ensure that the power of attorney is valid and legally executed.
- Sale Agreement: Examine the sale agreement carefully, including all terms and conditions, payment schedules, and penalties for breach of contract.
- Completion Certificate (for constructed properties): If the property is a constructed building, obtain the completion certificate issued by the local authority.
- No Objection Certificate (NOC): If the property is in a society or gated community, obtain NOCs from the respective society or community association confirming that there are no outstanding dues or disputes.
- Environmental Clearance (if applicable): For properties near environmentally sensitive areas, check for the required environmental clearances.
- Approved Layout Plan: For plots in a development layout, ensure that the layout plan is approved by the relevant authorities.
- Verification of Land Use: Confirm that the property’s land use is in compliance with local zoning regulations and that it can be used for your intended purpose (residential, commercial, industrial, etc.).
- Legal Opinion: It’s advisable to seek legal advice and obtain a legal opinion on the property’s documentation from a qualified lawyer or legal expert.
Before finalizing the property purchase, ensure that all these documents are genuine and up to date. Additionally, it’s recommended to involve a legal expert or property consultant who is well-versed in local property laws and regulations to guide you through the process.