The document lists 10 legal documents that are essential for buying a flat in India: 1) Sale Deed, 2) Mother Deed, 3) Building Approval Plan, 4) Occupancy Certificate, 5) Commencement Certificate, 6) Khata Certificate, 7) Encumbrance Certificate, 8) Completion Certificate, 9) No Objection Certificate, and 10) Tax Receipts. It provides details on what each document is and why it is important for validating a property purchase and ownership.
What are the legal documents needed to buy a flat in india
1. What are the legal documents needed to buy a flat in
India?
Be it an affordable home or a luxury apartment, owning a home is not just everyone’s
dream, but also a huge financial investment. It is therefore important that a home buyer
does thorough research about the property, about the builder, laws, and regulations, legal
documents that are mandatory for the property’s purchase, etc. The Transfer of Property
Act and the Real Estate Regulation and Development (RERA) Act makes it extremely vital
for a home buyer to verify all the necessary documents before buying a property from a
builder such that your ownership stands legally protected at all times.
But, the world of real estate is not easy terrain for new home buyers, especially the
extensive documentation that is required. Let’s make it a bit easier for you -
below is a list of documents that are absolutely essential while you undertake a
property’s purchase.
1.Sale Deed
2. The sale deed is a core legal document that validates your ownership of the property and
acts as the proof of sale and transfer of the property. It lists in detail the price, terms, and
conditions upon which the seller and buyer reached an agreement for the sale of the
property. Sale deed has to be produced in original and is registered at the Sub-Registrar's
Office where the property is located.
2.Mother Deed
This is a document that traces the ownership of a property over time such that the buyer
can verify the title of the seller before the execution of the sale deed. Mother deed is a
record of every change of ownership of the property and other relevant conveyance deeds.
It is registered at the jurisdictional Sub-Registrar's Office with all parties concerned present
at the time of registration.
3.Building Approval Plan
The building plan is a blueprint of the property with floor plan, site plan, equipment layout,
and other utilities, etc. approved by a statutory body like the local municipal authority. The
buyer should acquire a copy from the seller to verify that the construction of the property is
legal and has been approved by the authorities. Any unauthorized construction or additions
to the plan can attract legal action and the buyer runs the risk of losing the property or
being denied occupancy.
4.Occupancy Certificate
An occupancy certificate (OC) certifies that a building is fit for occupation and has been
constructed according to the approved plan, in compliance with regulations. This document
is required to get water, sanitation and electricity connections for the house. For
homeowners, an OC is necessary to validate the legal status of the property, in the absence
of which the local municipal body has the right to initiate legal action against them. An OC is
also necessary for a home loan, or if you are purchasing a reselling property.
5.Commencement Certificate
A Commencement Certificate (CC) is a document from the local municipal authority that
permits the builder to commence the construction of the project. CC is granted after the
builder has met the legal requirements and obtained the relevant approval for the building’s
plan. Failing to acquire a CC while buying an under-construction property can result in the
construction being considered illegal and attract penalties or even an eviction notice for the
buyer.
3. 6.Khata Certificate
Khata is a legal document that is necessary for the registration of a new property. It is
provided to a taxpayer for registering a new property, transferring any property or for
availing the various amenities such as water connection, trade license, building license, etc.
While a Sale Deed is an agreement between the seller and the buyer, a Khata registration
transfers the ownership in the official Government records.
7.Encumbrance Certificate
An encumbrance certificate acts as evidence if the property to be purchased or sold is free
from any monetary or legal liabilities like a loan against the property or mortgage that
hasn’t been cleared. It verifies if a property can be sold as a free title to the buyer. This
certificate documents all the transactions related to the property for the specified time
period and can be procured from the Sub-Registrar's Office.
8.Completion Certificate
A completion ensures that the property has been constructed according to the approved
building plan that was authorized before construction and that it meets all the necessary
legal standards. This certificate is obtained by the developer, after inspection and approval
of the local development authority or municipal corporation. This document is also required
to ensure the provision for utilities like water, electricity and drainage system.
9. No Objection Certificate (NOC)
A NOC from your builder ensures that there are no dues on the property by the seller at the
time of the sale. It is also required to ensure that the Housing Society that your property
may come under, cannot refuse your induction as a member and that the society has no
objection to transfer the Share Certificate to the buyer. The NOC is mostly required in deals
related to Co-operative Housing Societies (CHS).
10. Tax Receipts
Homebuyers should procure receipts of property tax bills from the builder to ensure that
taxes for the property have been paid up-to-date to the government/municipality. It is
important for the buyer to ensure that all the dues are cleared before you purchase the
property.