This document highlights the necessary documents/certificates one needs to verify before buying Property in India. It is always advisable to go through this 7 point check-list in order to avoid future trouble when investing in Indian real estate.
7 easy steps to buy property in india with clear title and no encumbrances
1. Documents to check before buying Property in India
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7 easy steps to buy property in India with clear
title and no encumbrances.
Buying a piece of real estate is a lifelong commitment wherein one has to pay EMIs for
several years. On one hand, we have plethora of real estate project launches (AIPL The
Peaceful Homes, Experion The Heartsong, etc.) in India and on another there is always
this fear of what if the project is delayed, cancelled, or there are any unseen issues
arising in the middle of the project lifecycle.
Therefore, doing your homework and preparing the necessary documents is critical in
buying a property – this will ensure a clear title.
It is always advisable to have the documents checked by a legal expert. However, a
quick tick mark on the following checklist can help you in buying the property with
clear title.
2. Documents to check before buying Property in India
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Here is a list of 7 most important documents that you may check before buying a
property in India:
1. Land titles/construction permits/approvals from authorities
2. Title clearance certificate
3. Society clearance and membership
4. Details of payment of property tax and other charges, bills, etc.
5. Sale agreement
6. Stamp duty and registration
7. Taking possession of the flat
The details for each of the above documents are described below:
1. Land titles/ Construction permits/ Approvals from authorities
Check for ownership of land in favor of the builder (Approved License Number)
Conveyance of property in favor of the society
Urban Land Ceiling and Regulation Act clearance certificate, if applicable
Power of Attorney executed by the landlord in favor of the developer in case it is
joint development between landlord and developer
Permission to use land for non agricultural purpose
Original plan approved by municipal authorities (total area, number of floors,
etc.)
Commencement Certificate issued by municipal authorities permitting the
developer to begin construction
Occupation Certificate issued by authorities certifying that the building is
complete and fit for occupation.
2. Title clearance certificate
Obtain a title clearance certificate from the advocate certifying that the property
intended for purchase is unencumbered and has a clear marketable title.
3. Documents to check before buying Property in India
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3. Society clearance and membership, if buying property in a society (for completed
projects)
No objection from society for transfer and sale of flat
Payment of necessary transfer charges to the society
Obtain the share certificate from society duly transferred in the name of the
buyer.
4. Details of payment of property tax and other charges (for completed projects)
Ensure that the seller was paying due property tax and other bills of the local
development/municipal authority up to the date of registration of the sold property.
You can get the certified copies stating the payment of property tax, water tax, water
charges and electricity charges from the sub-registrars' offices in your city.
5. Sale Agreement
While signing sale agreement/deed and taking possession, ensure the following:
The serial number of flat/floor is clearly indicated in the agreement.
The carpet area/built-up area and purchase consideration of property is clearly
stated.
The floor plan of the specified property is annexed with the agreement.
Ensure that all the amenities (type of construction, floorings, doors, windows,
sanitary, water supply, electrical fittings, etc.) are clearly specified.
The sale amount is clearly mentioned.
The agreement is duly stamped and signed and lays down the payment
schedule.
The seller should provide the original stamped receipts and previous
sale/conveyance deed in case of resale properties.
4. Documents to check before buying Property in India
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6. Stamp duty and registration
The stamp duty is payable on the agreement value of the property or the market
value, whichever is higher.
The agreement is to be registered with the sub-registrar under the provisions of
the Indian Registration Act within a period of four months from the date of its
execution.
Check for stamp duty and registration charges applicable in different states
across India.
7. Taking possession of the flat
Ensure that you receive vacant and peaceful possession of the flat on the date
specified in the agreement.
Check if there is any provision in the agreement for refund of the amounts due
by the builder/seller in case the seller fails to give possession of the property by
the stipulated date or mutually agreed extended date.
Inspect the flat with the amenities stated in the agreement and ensure that there
is running supply of electricity and water in the premises.
5. Documents to check before buying Property in India
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Green Realtech Projects Pvt. Ltd
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