12 Important Documents to Check Before Buying a New Property

8/21/2019 12 Important Documents to Check Before Buying a New Property

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12 Important Documents To Check Before

Buying A New Property

February 10, 2014 Buying A Property, Guide 62 Replies

Rahul Khanna, a simpleton from Bangalore has hit rock bottom since the time he has invested

in his most ambitious dream home – a towering apartment in Jayanagar , Bangalore. One must

be wondering as to what went gravely wrong despite his ambitious dream being fulfilled? His

major folly was his hasty decision of investing in a property without vetting all the legal

property documents fearing that he would lose the deal. But alas! This minute slip by him has

today put him in a legal battle with the seller. Property documents are a vital part of any

property investment, be it an empty plot or a fully furnished apartment. Here is a list of

important property documents required to buy an apartment or an independent house.

1. Sale Deed:

A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of

the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is

important that before the Sale Deed is executed one should execute the sale agreement and

should check for compliance of various terms and conditions as agreed upon between the

buyer and the seller. Before executing the Sale Deed, the buyer should check whether the

property has a clear title. He/she should also confirm if the property is subject to any

encumbrance charges.

* A seller should settle all the statutory payments such as property tax, cess, water charges,society charges, electricity charges, maintenance charges etc., (subject to the agreement)

before executing the Sale Deed.

2. Mother Deed:

Mother Deed, also known as the parent document, is an important legal document that traces

the origin/antecedent ownership of the property from the start (if the property has had various

owners). It is a document that helps in the further sale of the property, thereby establishing

the new ownership. In case of absence of the original Mother Deed, certified copies should be

obtained from the registering authorities. Mother Deed includes the change in ownership of

the property, be it through sale, partition, gift or inheritance. It is very important that theMother Deed records the references to previous ownership in a sequence and should be

continuous and unbroken. In case of a missing sequence, one should refer to the records from

the registering offices, revenue records or the recitals (preamble) in other documents. The

sequence should be updated until the current owner.

3. Building approval plan:

A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP

(Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region

Development Authority) or BIAPPA (Bangalore International Airport Area Planning

Authority) without which the construction of the building is illegal under the Karnataka

Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the

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jurisdictional Commissioner or an officer authorized by such Commissioner. However, the

authorities sanction a building approval plan based on the zonal classification, road width,

floor area ratio (FAR) and plot depth. A set of documents are required to be submitted by the

owner in order to obtain a building approval plan. The documents include- Title Deed,

property assessment extract, property PID number, city survey sketch (from the Department

of Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned plans (if any), property drawings, 2 copies of demand drafts, foundation certificate (if any)

and a land use certificate issued by the competent authority (viz., Dy. Commissioner). It is

mandatory that the building owner hires a registered architect who will draw a plan meeting

the applicable bye laws. One can get a building approval plan within 4-5 working days if all

the requirements are met, via the newly invented BBMP software- Automated Building

Approval Plan.

4. Commencement Certificate (For under construction property):

A Commencement Certificate is a legal document issued by the local authorities

(BDA/BBMP & alike) after the inspection of the site. This document states that project meets

the give criteria and helps in the commencement of a construction on a site by the builder.

Failing to acquire a Commencement Certificate will result in the construction being

considered illegal, levy penalties and can even attract an eviction notice.

5. Conversion Certificate (Agricultural to Non-Agricultural land):

With a vast amount of land being agricultural in nature in Karnataka, a Conversion

Certificate is mandatory to be obtained from the legal body for the property. A Conversion

Certificate is issued to change the use of the land from agricultural to non-agricultural

purpose from the competent revenue authority. Further, the competent revenue authorityrequests the Department of Town and Country Planning to issue an NOC for the conversion

of land for residential purpose. There are a certain set of documents to be submitted by the

owner to acquire a Conversion Certificate. The documents required to obtain a Conversion

Certificate are;

3 copies of the R.T.C extracts, Village map, land sketch, certified copy of the land tribunal,

zonal certificate, Title deed, no dues certificate by village accountant and Mutation Records

(MR) copy.

6. Khata Certificate and Khata Extract:

Khata is derived from the word ‘account’. It is an account of a person owning a property. Ittypically consists of (a) Khata Certificate and (b) Khata Extract. A Khata Certificate is

mandatorily required for the registration of a new property and the transfer of a property.

Khata Extract is nothing but obtaining the property details from the assessment registrar. It is

needed while property buying and acquiring trade license. The Khata is widely referred to as

A Khata and B Khata (Revenue records extract). ‘A’ Khata has properties listed under BBMP

jurisdiction with legal property construction and ‘B’ Khata has properties under local

jurisdiction with violated property constructions. One should avoid buying a B Khata

property as it will be deemed as an illegal construction. Nevertheless B Khata may be

converted to A Khata under certain schemes by paying penalty to the Government.

7. Encumbrance Certificate (EC):

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Encumbrance means charges in the ownership or liabilities created on a property that is held

against a home loan as security. An EC consists of all the registered transactions done on the

property during the period for which the EC is sought. Simply put, it is a certificate sought

for a particular period evidencing the property purchase/sale, the presence of any transaction

or mortgage. One should submit a copy of the Sale Deed to obtain an EC. A person applying

for an EC should fill in the Form 22, affix a non-judicial stamp and submit it to the jurisdictional sub-registrar’s office. Complete residential address, property survey number,

property location, the sought period, property description, its measurements and boundaries

should be mentioned in the Form. A nominal fee amount will be charged on a yearly basis.

The time taken to obtain an EC will be between 3-7 working days or more depending on the

period sought.

8. Betterment charges receipt:

Betterment charges are also known as improvement fees/development charges that are to be

paid to the BBMP before a Khata can be issued. Currently the developers are entitled to pay a

fixed amount as betterment charges to the municipal body. A receipt of the same should be

obtained at the time of property buying.

9. Power of Attorney (POA):

A POA is a legal procedure used to give authority to another person by the property owner on

his/her behalf. One can either give a Special Power of Attorney (SPA) or a General Power of

Attorney (GPA) to transfer one’s rights over one’s property.

10. Latest tax paid receipt:

Receipts for property tax bills ensure that taxes for the property are paid up-to-date to the

government/municipality. For properties falling under the BBMP jurisdiction, it is mandatory

for property taxes to be paid up to date so a buyer could get a Khata issued in his name. It is

therefore important for the buyer to make enquiries with the government/municipal

authorities to ensure that all the dues are cleared by the seller. The buyer should ask the seller

for the latest original tax paid receipts and bills and check the details of the owner’s name, the

tax payer’s name, and the date of payment on the receipt. If the owner does not have the tax

receipt, the buyer can contact the municipal body along with the survey number of the

property to confirm the ownership of the land. Nevertheless, the buyer should also ensure that

other bills such as the water bill, electricity bill etc. are paid up-to-date.

11. Completion Certificate (for a constructed property):

A Completion Certificate is issued by the municipal authorities denoting that the building is

in compliance with their rules in terms of height, distance from the road, and is constructed as per the approved plans etc. This document is important at the time of purchasing a property

and seeking a home loan.

12. Occupancy Certificate (for a constructed property):

When the builder applies for this Certificate, an inspection is carried out by the authorities toensure that the construction meets all the specified norms. This certificate is obtained after

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the completion of the construction. It is important at the time of buying a property, seeking a

home loan, before the builder allows people to take possession of the property and, for the

transfer of Khata. Basically, it certifies that the project is ready for occupancy.

While it is important to seek all the above documents from the seller at the time of buying a

property, it is also critical you deploy a competent property lawyer for vetting of the saiddocuments. Specific advice should be sought about your specific circumstances.

62 thoughts on “12 Important Documents To Check Before Buying A New Property”

1. Alok Kumar November 16, 2014 at 11:49 pm

Hi ,

I am planning to buy a flat in khggdaspura, Apartment is having G+4 approval, but builder has made 5th floor also. How it will impact to other flat owners , who has flat

in G+4 only?

Please suggest me for a lawyer to whom i can verify all the documents that builder

has given.

Thanks,

Alok

Reply ↓

1. admin Post author November 18, 2014 at 11:36 am

Hi Alok

You can approach us as well. However, prima facie it is naive to think that the

5th floor that has deviated would not affect the other 4 floors for which

approval has been accorded. The apartment would not get a Occupancy

certificate and hence it will forever remain under a B-khata unless there is

regularization. Even for regularization under Akrama Sakrama, this mayaccount for more than 50% deviation. In which case, if a demolition is ordered

in future for the 5th floor, do you think the remaining floors would not be

affected at all.

There is a risk and it is best that you consult a good lawyer with all the papers.

And yes, HomeShikari provides legal services that are both reliable and

professional.

Reply ↓

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2. Anshuman Rudra November 16, 2014 at 11:00 am

Hello HS team,

This is a very information article. kudos to you for putting them together for publicawareness.

There are a few questions in my mind before buying a property -

1. A broker proposed a re-sale independent property ‘A’ khata (850 sq ft) – How do I

know if owner is quoting an over-price?

2. broker says the Registration of the property could be done below the market value

of the property – Is this wise to do?

3. I asked for copy of the property document to get it verified by a lawyer – Owner

asks for a token amount to submit before he could provide me a copy. Is this how a

transaction happens?

4. being a non-resident (belongs to north india)of karnataka, i am very skeptical on

buying an independent property in bangalore. Please suggest precautions should Itaken before transaction.

Thanks,

Anshuman

Reply ↓

1.

admin Post author November 18, 2014 at 11:29 am

Hi Anshuman

Here are my answers to your queries:

1) The only way to know if the price is right is by doing research and finding

local information. Rates applicable could change within the same street

depending on amenities, khata and various other factors. Get an independent

opinion from someone else for the price. You could do online research or take

the services of a professional service provider like HomeShikari.

2) The registration can be done only at the prescribed guideline value (usually

lower than market value) or MORE. However there is no rule that you have toregister only at guideline value. If you are paying the entire amount through

cheque / DD, you will have to register at the market value that you are paying.

Else it becomes a subsisting transaction that is not shown on your books and is

paid in cash. If you are taking a loan then you have to show the market value

that you are paying and hence will have to pay registration for the full cost.

Will obviously increase your cost, but it enables a completely clean

transaction.

3) Normally, a token is requested for you to receive copies of the document.

This is a gesture of seriousness so that the copies are not handed to random

people with no serious intent. However, if the token is significant then it is

advisable to get into an agreement to sell where you can protect yourselfthrough clauses that if the title is not clean, then you are required to get a

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refund of the money paid. On the other hand, the seller may also insist on

some protective clauses and penalty if you withdraw without sufficient reason.

This is a matter to be negotiated.

4) Yes, most documents will be in kannada and it is not advisable being

Kannada illiterate to handle the transaction on your own with just advice from

a broker (whose job it is to push the property to you). Take the help of aqualified lawyer and do not think about spending a little money to ensure that

you safeguard yourself in the long run. Independent land and houses are

usually more complicated because you are a lone buyer against a group that is

buying into an apartment. That doesn’t mean apartments are safer to buy

because even there the title could be bad. So our advice would be to do proper

legal vetting before you buy.

Reply ↓

3. chetan November 13, 2014 at 10:56 am

Dear Sir,

Is there a possibility to check if a flat which i am willing to purchase has been sold or

a sale agreement has been made to some other person or persons which is quiet

common in Bangalore… if so please help me.

Reply ↓

1. admin Post author November 18, 2014 at 11:28 am

Hi Chetan

A legal vetting will be able to find if the property was sold through the

Encumbrance certificate (EC). An EC should record any registration or lien

created on the property with the Sub-Registrar office. However, if an

agreement to sell has been entered into and it is not registered then it won’t

show up in any search. Normally sale agreements are valid for not more than 6

months and that too only if they are registered. Please get the opinion of a

qualified lawyer before you proceed.

Reply ↓

4.

Abir November 4, 2014 at 1:53 pm

Hi , I am buying a flat from Purvankara in North Bangalore.

So far I have paid only the booking amount and I have received an agreement copy

and a Sale and Construction.

Let me know for these kind of reputed builders, what is the documentation process.When can I expect to get the rest of the documents which you have mentioned in this?

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Are there agreements standard? Do I need to go through a legal advice for such

reputed builders as Purvankara as well.

Regards

Abir

Reply ↓

1. admin Post author November 4, 2014 at 6:11 pm

Hi Abir,

The document vetting process is not related to the reputation of the builder.

The title documents vary from property to property and it is advisable to do a

proper legal vetting through a qualified lawyer. During the process of vetting,the lawyer checks the title papers (specific to this property and your unit) and

verifies everything to see that the tree of transactions matches without any

anomaly or encumbrance that is still pending. It is also their job to ensure they

check all necessary approvals that have been obtained not only with respect to

the complete apartment but also with your specific unit (floors etc.)

That apart, when you take the builders sale agreement and the sale deed on an

‘as is where is’ basis and do not consult a lawyer, you do not get the

opportunity to review any clauses which are detrimental to your interests but

are being passed as standard clauses. Examples of these could be; penalty

clause applicable for delayed payment to builder versus the penalty applicableon builder for late delivery or cost escalations. One would always notice that

these are skewed in favor of the builder and when you have a good lawyer on

your side, you can make your points strongly to ensure that your interests are

protected. When you have clauses that protect your interests, even if a builder

reneges on the promise you have the option to approach a consumer court and

force the builder to comply with the contract. Though it may be time

consuming, it will still protect your interests. But if the contract itself is

completely one sided, then you simply don’t have any chance or negotiating

power, if the promise is not kept.

We have handled such things on many cases where things are blatantly in

favor of the builder and we have informed clients and asked them to not

accept, but renegotiate the terms of the contract. Unless you seek expert help

you will never know if the contract is balanced or not.

Regards

Homeshikari Team

Reply ↓

5. Ameen November 4, 2014 at 10:52 am

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8/26

HI,

I’m buying an apartment in Hormavu. this property has just started and with a pre-

launch offer I have booked the flat.

1> Builder will be getting a sanction plan & khata after 50 days.

2> Is the BDA (NOC) required for the property or any other NOC is required. As I

got to know if we don’t get BDA (NOC) the property can be acquired or demolishedany time by BDA. Is this true and what are the circumstances and what is the alternate

Paper/Document required.

3> Builder has tight up with few major banks for the loan, as the bank verifies every

paper of the property and sanction loan. is that mean the property titles will be

Approved as per the legal terms.

Please suggest as I have booked the flat by giving lakh amount. Please e-mail me to

the mentioned email id.

Thank you in advance for your valuable feed back.

Reply ↓

1.

admin Post author November 6, 2014 at 4:49 pm

HI Ameen,

Please find the reply below for all your query

1.For a pre-launch property, it could mean that the builder has applied for theapprovals and has still not got it. Which is why he is selling at an attractive

price, pre-approval. The biggest risk in this is that sometimes approvals can

get delayed or even held back due to title of the property being not clean. So

with all pre-launch properties you run that risk. If you have to go with a pre-

launch offer, then ensure you are doing so with a builder of repute who you

would normally expect to get the approvals done in due time. Also check if

there are clauses for refund, if approvals are not obtained within a time limit.

2.The builder has to get NOC from pollution board on the project, for the

approval for sewer or water supply. It is also important to get NOC from the

neighboring properties to prove that builder is not encroaching any

neighborhood property. Builder has to get NOC from municipality or

respective authority for digging bore well. Digging bore well without NOC or

approval will be levied penalty and material used for digging bore wells would

be seized. In case of construction of building with lift facility, builder has to

get NOC from lift authorities.

3.The bank will fund your loan to buy property after some preliminary

verification of documents based on your income and ability to pay back the

loan. In the event, the title has a problem tomorrow you are still liable to repay

the loan and the bank shall not take any responsibility on that front, ensure a proper legal vetting is done by an expert lawyer. During the process of legal

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9/26

vetting, the lawyer checks the papers and then looks for references of all

documents mentioned and verifies everything to see that the tree of

transactions matches without any anomaly and that the details in every paper

matches perfectly. A good lawyer only if he is thoroughly convinced, will give

you a green signal with a proper legal opinion to support it. End of the day, a

property is a lifetime investment that one shouldn?t take chances with.

Three things to generally avoid:

1) Assume a bank loan approval as the basis for a clean title

2) Go and seek an opinion from a lawyer referred by the broker who is trying

to sell the property to you

3) Think it is adequate to take the builder / plot developer?s lawyer opinion

Especially on pre-launch we would strongly recommend that you do not go

only by the bank?s approval of loan. We have seen many people land into

trouble later on, due to improper verification or sometimes even fakedocumentation. Seek the services of a good lawyer. If you need assistance

from HomeShikari, call us on 080-67684444 or send a mail to

[email protected].

Reply ↓

6. DIBYENDU SHEKHAR October 29, 2014 at 1:37 pm

I AM LAND OWNER AND GIVEN TO BUILDER …. AND BEFORE TAKING

HANDOVER WHAT ARE THE DOCUMENT MUST CHECK ?

Reply ↓

1. admin Post author October 29, 2014 at 4:54 pm

Hi Dibyendu

Your question is very vague and perhaps you are referring to Joint

development or something on those lines. we are not sure. It is important that

you share more details for us to be able to assist you.

Reply ↓

7.

Sheeba October 11, 2014 at 5:48 pm

Hi.

mailto:[email protected]:[email protected]://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=54889%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=54889%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-41310http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-41310http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-41310http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=41310%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=41310%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-41606http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-41606http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-41606http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=41606%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=41606%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-29191http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-29191http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-29191http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-29191http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=41606%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-41606http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=41310%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-41310http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=54889%23respondmailto:[email protected]


10/26

I would like to know that what are the consequences and solution to this problem.

The builders (bangalore ) have got approval to build 1284 sqft per floor and have built

4000 sqft in 2006.

This looks like a major deviation that I got to know now.

How can this be rectified and if I buy/sell such a property should the builder pay for

the fine or should the buyer? pls Advice its very urgent.

Reply ↓

1.

admin Post author October 21, 2014 at 4:10 pm

Hi Sheeba

Yes, it is a major deviation. Even if a scheme like Akrama Sakrama comes

into force it proposes only to condone deviations up to 50% with payment of penalty. Anything above may attract severe penalty including demolition.

Again this is not going to happen to tomorrow or day after but eventually

when GIS and verification of properties get streamlined over the years, this

may cause serious problems.

Were you sold the property by the builder before it was fully constructed?

What was your sale deed with the builder? These are things to be looked into

by a qualified lawyer so that they can advice you suitably. If you were taken

for a ride by the builder and if your contract suitably protects you, then you

can approach the consumer courts for relief. If on the other hand, the contracts

are one sided and you never vetted it then there is nothing much that can bedone now. If you try to sell the property, any potential buyer will ask about the

deviation unless they are equally ignorant of the amount of deviation and its

consequences.

To hold the builder responsible, the determinant factor is the sale deed clauses.

You will have to seek the opinion of a good lawyer.

Reply ↓

8.

Vishal September 29, 2014 at 9:08 pm

Hello Sir,

I am purchasing a land in Garag in Dharwad District and its a NA and Layout plot.

But I have zero knowledge of registration and other stuffs. Can you please help me

and let me know the steps to Own the land by my name. The agent said I need to

provide a ID proof and said Govt fees and other fees will come across 18k, but he is

not clearing what all are the fees. Please help me, thanks in Advance..,

Reply ↓

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11/26


Hi Vishal

Before you proceed to register the property in your name, it is important to

check the legal title of the land and its approved use before you make the full

payment. To register the property, you just need to pay the stamp duty and

provide a valid ID proof, but that is no guarantee that the land is of clean title.

Please look up our article and see the checklist provided. Again this is only an

indicative list and it is important that you consult a qualified lawyer before

you make a purchase.

Reply ↓

9. Mamatha September 29, 2014 at 4:48 pm

Sir

I lost my house orginial papers due to fire, but i can’t have any duplicate and i want to

construct the house on that plot by taking housing loan. If it is possible to get the

original papers pls give me the suggestion.

Reply ↓


Hi Mamatha

If the original papers were lost in a fire, then it is not possible to get it again.

What you should in this case is to register an FIR with the police for lost in

fire with due proof being submitted. Then apply for a certified copy of the

same papers from the sub-registrar office and publish a public notice in a

newspaper. Once you do this, the bank should be able to accept your request

for housing loan. Again norms vary from bank to bank. So it is best to consultwith the bank you are applying to and ask them for the procedure citing what

you disclosed. You may also consult a qualified lawyer who can help you.

Reply ↓

10.

Selvakumar Devan September 27, 2014 at 8:22 am

Hello Sir,

http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-26918http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-26918http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-26918http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=26918%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=26918%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-22613http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-22613http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-22613http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=22613%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=22613%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-26919http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-26919http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-26919http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=26919%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=26919%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-21983http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-21983http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-21983http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-21983http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=26919%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-26919http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=22613%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-22613http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=26918%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-26918


12/26

I have not bought any land or house before

I am planning to buy a B.D.A house in Domlur please Help me to necessary Check

list before buying ….

Regards

Selvakumar Devan.

Reply ↓


Hi Selvakumar,

The standard list is provided in the mentioned article. But that is only an

indicative list and what documents may be required to ensure clean title couldvary from property to property and place to place. So please do always check

with a qualified lawyer and seek an opinion before you proceed.

Reply ↓

11. Divya September 25, 2014 at 12:40 pm

Hi,

We are buying a plot which is having B katha with no DC conversion. can we take the

plot .If we proceeding what all the documents to refereed so that it not having illegal

issues . Please help us to proceed further . Buying a plot in blore is a big thing so.

Regards,

Divya

Reply ↓

1.

admin Post author September 27, 2014 at 10:54 am

Hi Divya,

A plot with no DC conversion means that the original piece of land was meant

to be used for agricultural purposes only. By DC conversion, the land usage is

converted to either residential or commercial / industrial use. If the DC

conversion is not effected then you will have problems in constructing the

house at a later stage. It is best to buy a plot that has been duly converted to

residential usage. Again in all these circumstances, advise can only be

preliminary because this requires in-depth review of the legal documents to beable to give a clear opinion. We suggest you take the help of a good lawyer to



13/26

review the documents before you decide to purchase. Legal services from

HomeShikari are available in case you would like to use us

Reply ↓

12. Subramanya. September 18, 2014 at 5:21 pm

Hi Sir,

Thank you so much for explaining in detail.

Bank had asked for EC and GPA of the site. And we directly asked the owner to

provide the documents, he gave and it was submitted to the bank.

We will wait to get the Legal clearance and loan approval from the bank. Also we willget legal opinion from another lawyer.

Confusion here is, The site does not belong to the owner,(though it was given to

another brother by his father) he has got GPA from his brother and registered to his

son, the same site we are buying, will there be any issue from GPA?. In GPA he has

mentioned that his brother has the rights to sell the site.

Thanks in advance,

Subramanya

Reply ↓

1. admin Post author September 22, 2014 at 7:44 am

Hi Sunil,

The GPA and the entire antecedents of the case need to be reviewed legally to

be able to evaluate and give a clear opinion. There are certainly a lot of GPA

cases which come up with a problem due to validity or inheritance issues. It is

best that you bring this issue to the lawyer and get a learned opinion beforeyou decide.

Reply ↓

13. vikram September 15, 2014 at 6:58 am

hi sir, i am buying a plot in vijayawada (VVR pvt ltd.)for which i have given a token

amount and sought a time period of 20 days for the registry. sir, my question is i have

seen the registry and the encumberance certificate but the area is quite far from cityand no construction is done by anyone.So what do i need to check to clear my doubt



14/26

regarding construction on that land and the smooth selling of the same land in future.

thanks.

Reply ↓


Hi Vikram,

We recommend that you take a legal opinion from a good lawyer in

Vijayawada so that they can check all the documents. As long as the property

has clean title and poses no encumbrance, it is a good to buy. But there are

other considerations you should think about from your personal point of view

on whether you can construct in a place where no one currently lives and

whether if you don’t construct, you will be able to safeguard the property fromencroachments (if you can’t visit it often).

Reply ↓

14. SUNIL M REDDY September 14, 2014 at 11:02 am

Hi Sir, I am planning to buy a property near Naduvanthi for investment from

Abhyudaya Developers, project name called Golden Enclave (Behind Sayukya

Hospital white filed). The property is DC converted (3 acers) and the land owner isgoing to register directly to the purchaser. I am little concern here as if any future

problem will the developer take responsibility and help in resolving the problem.

Please advice whether it’s good to invert on DC converted properties.

Reply ↓


Hi Sunil,

Generally, if the project is under construction then there is a sale agreement

for the land and there is a construction agreement for the building when an

advance or part payments are made. Finally at the time of registration, you

enter into a registered sale deed which denotes the transfer of rights in full.

However, we are not sure why the registration is with the land owner. And if

you don’t have any contract with the developer, then what is their

responsibility and accountability. With the limited information provided, we

are unable to judge the exact nature of this transaction.

DC conversion means that the land was converted from agricultural use onlyto non-agricultural use (industrial or residential). There is no harm provided



15/26

the DC conversion was duly approved. However, not all lands can be de-

notified and converted. So you need to be careful to consult with a good

lawyer who can check all the paperwork thoroughly as well as advise you on

the first part.

We have seen that people go by the builder’s lawyer opinion or a brokerreference instead of spending on getting a proper legal opinion. The

repercussions for that is one can buy in haste and repent at leisure. So please

do proper due diligence before buying. If the builder is not able to provide all

documents required to fulfill the legal requirements, then you shouldn’t go

with such a project.

Our comments are based on your query and we do not provide advise on

specific builders or projects on a forum like this. If you would like to use our

legal services, please contact us.

Reply ↓

15. Subramanya September 11, 2014 at 2:27 pm

Hi Sir,

We are buying a site in RR nagar, The site owner says, the land is A-Khata. We had

applied for loan in Bank. But the bank people is asking for EC from site owner and

concern we have here is, the legal opinion from the bank is enough or we should go

for legal check from the lawyers. Also there was no marking of the site number and boundary. One person visited for site valuation and he told there is no site number and

proper boundary. The next day broker had come and he has placed stone and has

written the site number, also there is no drainage connection, only electricity pole is

placed.

What are the documents we can ask them, i can think of asking

1. Layout plan

2. Complete residential address,

3.property survey number,

4.property location,

5. the sought period,

6.property description, its measurements and boundaries

Apart from the above what else we need to check.

Site owner has given few documents for the bank, Legal is pending from the bank,

Please guide us.

Thanks,

Reply ↓

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16/26

1. admin Post author September 16, 2014 at 7:42 pm

Hi Subramanya,

The bank will fund your loan to buy the plot after some preliminary

verification of documents based on your income and ability to pay back the

loan. In the event, the title has a problem tomorrow you are still liable to repay

the loan and the bank shall not take any responsibility on that front. If that is

the case, isn’t it prudent to not go by what the broker says and ensure a proper

legal vetting is done by an expert lawyer. During the process of legal vetting,

the lawyer checks the papers and then looks for references of all documents

mentioned and verifies everything to see that the tree of transactions matches

without any anomaly and that the details in every paper matches perfectly. A

good lawyer only if he is thoroughly convinced, will give you a green signal

with a proper legal opinion to support it. End of the day, a property is alifetime investment that one shouldn’t take chances with.

Three things to generally avoid:

1) Assume a bank loan approval as the basis for a clean title

2) Go and seek an opinion from a lawyer referred by the broker who is trying

to sell the property to you

3) Think it is adequate to take the builder / plot developer’s lawyer opinion

Especially on plots, we would strongly recommend that you do not go only by

the bank’s approval of loan. We have seen many people land into trouble lateron, due to improper verification or sometimes even fake documentation. Seek

the services of a good lawyer. If you need assistance from HomeShikari, call

us on 080-67684444 or send a mail to [email protected].

Reply ↓

16. Sandeep W August 28, 2014 at 11:03 am

Hi Team,

I am currently planning to buy 3BHK in ‘Purva Elite’ @ Surjapur road. The property

is BBMP (A khata) approved & most of the banks have approved the project. When I

see the area there are lot of green treens and most of the buildings are G+3 floors.

How to identify if this land\area is green\forest area. How can legal advisor\lawyers

help us in identifying this scenario ?

Regards, Sandeep

Reply ↓

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17/26

1. admin Post author September 1, 2014 at 5:28 pm

Hi Sandeep,

This seems to be a project from a new builder. There is nothing wrong with

going for a project with a new builder but do exercise utmost caution in

checking the title of the property and the credentials of the team. With the

copies of legal documents that you receive from the builder, you can only

check on the legal title of the land on which the building is being constructed.

They wouldn’t give you any inkling on whether the adjacent areas are green /

forest areas. The best is that situation is to ask the builder for details of

adjacent green spaces. If they claim it to be a designated green area which will

not see any high rise construction or apartment complexes, then we can check

with the BDA based on the survey numbers (details need to be obtained from

the builder) and get the right information.

Please ensure you check the legal titles thoroughly before you embark on an

investment. Never go by what a builder’s lawyer claims (no matter, how big

the builder is) and always do your verification check through a qualified

independent lawyer for an unbiased view. Our company does provide legal

verification services, which you could use.

Reply ↓

17. Shyam August 27, 2014 at 1:15 am

Hi,

Thanks for this wonderful article.

I am looking to buy a property in Thanisandra by DS Max.

Builder is telling that he will provide A Khata and OC Certificate by builder (Not by

BBMP or BDA)

I want to know how it will effect me in future?

Also builder is tellling that OC certificate is not very much important and they have

provided BBMP approved OC certificate in any of their past projects.I want to know how it is possible since DS Max has completed so many projects or

are they correct in telling A kHatta will only work

Looking to hear from you soon.

Thanks in Advance

Reply ↓

1.

admin Post author August 27, 2014 at 4:05 pm

http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-16133http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-16133http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-16133http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=16133%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=16133%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-14161http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-14161http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-14161http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=14161%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=14161%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-14371http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-14371http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-14371http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-14371http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=14161%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-14161http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=16133%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-16133


18/26

Hi Shyam,

The OC is be provided by BBMP/BDA to builder on application once the

project is completed. On submitting of the application by builder, BBMP/BDA

authorities will inspect the complex and confirm whether it has been

completed according to the approved plan or not. If there is no deviation fromapproved plan then the certificate will be issued. If not, the builder himself

will not apply for the OC because he knows he won’t get it. However, in case

the deviation is minor (up to five percent from the plan), then a fine will be

levied. Upon payment of the fine, the occupancy certificate will be issued. It is

a fact that most properties do not have an OC even after completion because

most builders deviate from the approved plan. The OC is a ‘fit to dwell in’

certificate from the regulating authority. An OC is never asked for in today’s

context unless there is a fire or mishap or rampant violation of building

guidelines. Even banks provide loans without the OC. That said, it is no

guarantee that banks won’t insist on it in the future or if there is serious

deviation, that you will not be penalized by the BBMP / BDA. In fact theAkrama Sakrama proposal that is still pending in the courts, despite state govt.

approval is one such proposal to regularize such deviations on a one-time

basis. Even there, a more than 50% deviation could attract demolition.

The A-Khata has to be procured from BBMP/BDA by individual(Buyer). To

procure an A-Khata under BBMP limits, the OC is an important document.

Even in the other areas, they have started insisting on this. Regulation may get

tougher in the years to come and you wouldn’t be want to caught on the wrong

foot with your lifetime investment. Please check with a qualified lawyer (not

the builder’s lawyer) on the title of the property. We too provide legal opinion

services.

In an open forum, we do not want to comment on any brand. But you need to

think about the long term aspects of any property you buy.

Reply ↓

18.

Chandran August 22, 2014 at 4:26 pm

Hi Sir,

Can we apply and get the duplicate copy of OC certificate in BBMP / BDA. The

owner is having the Flat with A-Khata with up to date tax paid receipts. They are

claiming that the OC & CC were lost during the A-Khata process.

Reply ↓

1. admin Post author August 25, 2014 at 2:01 pm

http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=14371%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=14371%23respondhttp://na/http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-12546http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-12546http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-12546http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=12546%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=12546%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-13688http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-13688http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-13688http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-13688http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=12546%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-12546http://na/http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=14371%23respond


19/26

OC & CC is given to the Builder (in one original) by concerned approving

authority (BBMP/BDA). Once the Building Association is formed, Builder

should handover the original to Association. However, a photocopy is to be

given to the owners of the respective units of the apartment. If your Seller lost

OC/CC during Khata process, then you can check with

Builder/Association/neighbour for the same and get a photocopy for yoursafety. Incase, Association/Builder don?t have the same also, then one need to

check whether OC/CC is actually issued or not for the apartment by

BBMP/BDA.

Reply ↓

19. Santhosh Shasthri August 14, 2014 at 1:40 pm

Hello,

I am planning to buy a plot in pride vatika gated community near Koppa gate , its a

resale from owner. What are all documents should i need to check before buying.

Can you please advise ?

Thanks,

Santhosh Shasthri

Reply ↓

1.

admin Post author August 18, 2014 at 5:25 pm

Hi Santhosh Shasthri,

There is a list of standard documents that we have provided in the article. That

apart, more supporting documents may be required to get clarity on clean title

depending on the situation. It is best to take the services of a qualified lawyer,

who will be able to give you a proper legal opinion before you proceed with

buying.We will have one of our executives get in touch with you to understand more

about the property and how we can help you further.

Reply ↓

20. prashanth August 7, 2014 at 6:16 pm

I have made a sale agreement with land owners share of an aparment .

Is the NOC from the builder mandatory to get the loan disbursement?



20/26

Reply ↓


Hi prashanth,

In normal circumstances, the land owner’s share of an apartment in a joint

development will be free hold and normally shouldn’t require a NOC. But it

depends on the joint development agreement and also depends on the bank

that is funding you. Some banks may insist on this. It is best to check with the

bank you are going to for a loan.

Reply ↓

21.

Ajay August 3, 2014 at 1:39 am

Hello Home Shikari Team

I’m planning to buy a flat in a project which is BBMP approved. Project is launched

and construction started and I wanted to go ahead with Pre-EMI offer which i

discussed with builder and they are getting agreed. I want to pay EMI only after 5

months of completion of project & getting occupancy certificate. what all the points

which i should discussed with builders & bank. Please help me about this Pre-EMI

details and other necessaryThanks in advance

Reply ↓


Hi Ajay

Whether you should opt for Pre-EMI or full EMI is dependent on your payingability and the purpose for which you are buying a home. Banks offer the

option to pay EMI or pre-EMI for under construction properties. The

advantage with paying EMI from the start is that your repayment of principal

starts right from the beginning. Whereas with pre-EMI (which is interest

only), you will not settling your principal in even small amounts until your

EMI starts which is when you get possession of the property.

In delayed projects, pre-EMI can hurt you badly because it is only interest

flow and your loan outstanding remains the same even after a year or few

years. However, if your ability to pay full EMI (as against part construction

only) is constrained at the moment, then it is better to opt for pre-EMI. And it



21/26

is definitely beneficial if you are going to sell off the property as soon as

possession is handed over. (in the case of investment)

Both have their merits and demerits. It is up to you to choose after reviewing

your cash flows against the required EMI / Pre-EMI amounts.

Just in case, you need a little more clarity, this article should help clear your

doubts.

http://www.livemint.com/Money/ZhVbifdWWhy6vg2vYsMAPM/Dejargoned

PreEMI.html

Reply ↓

22. Sunil July 27, 2014 at 1:39 am

Hi, I am planning to purchase a flat in Gangothri Elegance (Venki Builders &

Developers

Proposed Residential Apartment, No.85/3, Gottigere, Uttarahalli Hobli, Bangalore.). I

am not sure why builder is charging so less rate (15% less than the mkt price). Also

how do I check authenticity of the property.

Reply ↓

1.

admin Post author July 28, 2014 at 6:45 pm

Hi Sunil,

What a builder charges for is not purely based on land plus building cost plus

margins. Different builders assign different value to their properties based on

their brand perception, years in market and several other parameters. It is

naive to think that a high priced project is good and a low priced one bad. The

best option is then to thoroughly check the legal aspects of the property, also

considering other aspects of location, surrounding locality etc. Please consult a

good lawyer (someone who will be around and won’t disappear if you ever

need help). Also review the quality of material that goes into the project based

on the brochure. Based on that take a call. We do have in-house legal services.You can avail of them, if you choose to.

Reply ↓

2. sathish November 16, 2014 at 2:14 pm

hi sunil,

i just want to check if you have checked regarding gangothri elegancegottigere project….can you pls your comments on the builder and project……

http://www.livemint.com/Money/ZhVbifdWWhy6vg2vYsMAPM/DejargonedPreEMI.htmlhttp://www.livemint.com/Money/ZhVbifdWWhy6vg2vYsMAPM/DejargonedPreEMI.htmlhttp://www.livemint.com/Money/ZhVbifdWWhy6vg2vYsMAPM/DejargonedPreEMI.htmlhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=8732%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=8732%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-6339http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-6339http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-6339http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=6339%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=6339%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-6456http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-6456http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/comment-page-1/%23comment-6456http://www.homeshikari.com/blog/12-important-documents-check-buying-property-2-795/?replytocom=6456%23respondhttp://www.homeshikari.com/blog/12-important-documents-check-buy

12 Important Documents to Check Before Buying a New Property

Documents

Transcript of 12 Important Documents to Check Before Buying a New Property