• Documents required and procedure to buy a house

Hello,
I would like to know the procedure to buy a house and all legal documents that are required.

Thank you,
Manasa
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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15 Answers

If the house is situated in society. Inquire about NOC, pending maintenance If any etc. You can find whether there is a title documents of that property and also you can find out that whether any encumbrance is there by applying for encumbrance certificate for the same before office of sub registrar

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Every single original document (chain of documents) from the origin of property will deliver to buyer. Before purchase, non encumbrance shal be duly check - no third party interest, property not mortgage. clear title etc. 


Sale deed will register at sub registrar office, stamp will be paid, 6 % in case of male, 5% in case of female on declared value in sale deed.

If deal completion will take time like advance payment and full payment later on than to lock the deal, agreement to sale will execute. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) check whether original documents are with the seller ie sale deed , share certificate if any issued by society 

 

2) check whether all dues have been paid to society

 

3) insist on NOC from society 

 

4) check whether OC has been issued by municipal corporation 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Procedure is simple-Enter into an agreement to sell with seller and then he has to execute the sale deed in your favour on payment of sale consideration.

2. As a buyer you should observe due diligence to ensure that title of property is free and marketable. Don't pay any amount unless the seller gives you xerox copies of all documents in the chain of title. Once you obtain the xerox copies then conduct a title search in the office of sub-registrar to ensure that seller has a free and marketable title. Property market in India is highly unregulated and unbridled which is a blooming orchard for fraudsters who sell properties with imperfect title, hence a buyer must travel that extra mile to ensure that he gets a free and marketable title from the seller. 

3. Last but not the least, engage a lawyer and involve him in the process of due diligence. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

before going to purchase a property, you have to verify the following documents... mother deed (sale deed/gift deed/grant certificate/partition deed), Encumbrance certificate in Form No.15, Form No.16, up to date tax paid receipts, conversion order, approved layout sanctioned plan, Mutation Registers, Indexes, survey sketch, tippani and etc.... you should get legal opinion/documentation legal verification.... it will avoid multiplicity litigation in future....if you want my legal service I will do it.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

You may purchase the property subject to fulfillment of following conditions. For more details visit the link.

                                                                                                                               

12 Important Documents To Check Before Buying A New Property

  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.

  1. 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 the Mother 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.

  1. 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 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.

http://blog.homeshikari.com/12-important-documents-check-buying-property-2-795/

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1.  Following are a MUST to buy a existing house.

a)  Chain of Agreements, which should be Stamp Duty paid and Registered.

b)  Property Card, Water Bill, Assessment Bill

c)  No dues of Society/Association  /Mortgage certificate

d)  No dues /Claim certificate from Legal Heirs /Banks /State dept. (as applicable)

e)  Search report of a Property Lawyer

2.  AFTER above, execute a properly Stamp Duty paid Registered Sale Deed.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

  1. Title documents of the property – government order for grant, succession certificate, sale deed, gift deed, will, partition deed, etc., evidencing the transfer of title over the years, culminating in the vesting of property with the seller.
  2. Nature of title – leasehold, freehold, or development right.
  3. In case of the seller claiming development rights to the property, the development agreement and power of attorney, executed by the owners in favour of the seller.
  4. All title documents being duly stamped and registered at the office of the jurisdictional sub-registrar of assurances.
  5. Khata registered in the name of the seller.
  6. Information on pending or past litigation.
  7. Availability of original title documents with the seller.

The list may vary from state to state 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

See for the seller all the documents of title , the previous sale deeds , mutation extract adhar card PAn Card.

For buyer proof of payment and adhaar and PAN card 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Which type of house you're go to buy and which area rural or urban area. Normal house or flat or bungalow.

 

Because different type of house has different documents.

 

Still you can check clear title, Free from any emcumbrances , all mutation papers etc.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) Before going ahead to purchase, intimate the seller to produce a good title certificate regarding the property. 2) If the seller fails to produce such a certificate, you have the option to not to purchase it. 3) Still if you want to purchase the property (ie without the seller being able to produce the Good title Certificate), you must appoint an advocate to examine the title of the property. 4) If the seller produces the good title certificate, or, your Advocate, after due examination of the title, advices  in favor of purchase, you must instruct your Advocate to get a notice published in one English and one vernacular daily, of your intention to purchase the stated property; and any objections or encumbrances to be notified to you within 15 days of such publication. 5) If no objections are received, or your Advocate, after examining the objections, advices you that they are not valid, then you can go ahead with executing the Sale deed

 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You need original sales deed and mutation papers of house. 

Previous transfer records of property.

If property is inherited then list of legal heirs may also be required.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

- You should verified the following documents :

1. Sale deed in present seller’s name

2. Latest tax paid receipt

3. If any loan outstanding on the property

4 . Encumbrance Certificate from date of purchase till date

5. Agreement of sale & construction executed by developer in favour of seller

6. Latest electricity bill & receipt for the said house

7. NOC from Apartment Association ( In case of flat)

8. Sanctioned building plan ( In case of flat)

9. All title documents of land owner

- Before execution of Sale Deed , you should read each and every content/clause carefully , that all the details as mentioned above are given or not.

- Presence of two witnesses required. One should be from the seller side and other may be from your side.

 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It involves lot of issues especially many relevant documents including title documents and the link title documents and other relevant papers.

Besides scrutinising the documents, it would involve an opinion about proceeding with the purchase, hence you are advised to obtain a legal opinion from a local advocate before buying any immovable property.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Madam,

Following is the general check list, However you are advised to show all the documents physically and get legal opinion from local lawyer who is acquainted with local laws.

---------------------------

You may purchase the property subject to fulfillment of following conditions. For more details visit the link.

                                                                                                                               

12 Important Documents To Check Before Buying A New Property

  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.

  1. 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 the Mother 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.

  1. 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 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.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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