🏠 Legal Documents Checklist for Buying Property in India

Buying a property in India is a dream come true for many, but it also comes with a responsibility to verify every legal document before making the purchase. Missing even a single paper can lead to disputes, fraud, or future legal troubles. Here’s a comprehensive checklist of essential legal documents every property buyer must review carefully before finalizing the deal.


📄 1. Title Deed (Sale Deed / Mother Deed)

The title deed proves the seller’s legal ownership of the property. It should be in the seller’s name and free of any disputes. Ask for mother deed to trace the ownership history.

✅ Must Verify:

  • Seller’s name

  • No pending litigation

  • Proper registration


🧾 2. Encumbrance Certificate (EC)

The EC shows whether the property is free from any mortgage, lien, or legal dues. You can obtain it from the sub-registrar office.

✅ Check:

  • At least 15 years of EC history

  • No financial liability on the property


🧱 3. Building Plan and Layout Approval

Ensure the property is built as per approved plans from local municipal authorities. Unauthorized construction can be demolished.

✅ Verify:

  • Municipal Corporation or development authority approval

  • RERA registration for under-construction property


📝 4. Sale Agreement

The sale agreement includes terms and conditions between buyer and seller like sale value, advance paid, timeline, possession date, etc.

✅ Must Include:

  • Penalty clause

  • Payment breakdown

  • Clear mention of carpet and built-up area


🧾 5. Property Tax Receipts

Check latest property tax receipts to ensure that all dues are cleared by the previous owner.

✅ Ask For:

  • Last 3 years’ tax receipts

  • Seller’s name on the receipt


🧾 6. Khata Certificate / Mutation Document

Khata is a document issued by local municipal body that records the assessment of the property for taxes.

✅ Required For:

  • Electricity/water connection

  • Home loan approval

  • Resale of property


🧾 7. Occupancy Certificate (OC)

OC is issued by municipal authority once construction is complete and ready to occupy.

✅ Check For:

  • Safety compliance

  • Legal usage certification


🧾 8. Completion Certificate (CC)

This is proof that the building was constructed per approved plan and has followed all building codes and regulations.

✅ Without it:

  • Property could be considered illegal

  • Difficulties in getting loans or reselling


💰 9. Home Loan Sanction Letter & NOC (if applicable)

If the seller has a loan on the property, ask for:

  • NOC from the bank

  • Loan closure proof

  • Statement of outstanding loan


📑 10. Power of Attorney (POA), if applicable

If the deal is being handled through someone on behalf of the owner, make sure there is a legally registered Power of Attorney.

✅ Important in cases of:

  • NRI sellers

  • Joint property owners


📄 11. RERA Registration

For new and under-construction properties, check the project’s registration under RERA (Real Estate Regulatory Authority).

✅ Check:

  • RERA ID

  • Promoter’s compliance

  • Project status and delay records


⚖️ Conclusion

Verifying these documents ensures a safe, transparent, and hassle-free property purchase. It’s highly recommended to hire a real estate lawyer to assist in due diligence and documentation. Remember, buying a home is not just a financial investment but a legal commitment — don’t let missing paperwork cost you peace of mind.

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