Property Documents: People put their entire life’s earnings at stake to buy a property. It is possible to build your dream home after hard work. Buying a house is a very complicated task. Even a small mistake can ruin your entire life’s earnings. While buying a property, it becomes very important to check its legality properly. Therefore, it is necessary to investigate thoroughly before buying any property. One small mistake of yours can prove costly. You can get entangled in legal complications. After this, you are forced to visit the courts.

Everyone should check certain documents on their own before purchasing a property. Taxbuddy shared a post on the social media platform X, detailing the documents to check before purchasing a property. Let’s find out which seven documents should be checked before purchasing a property.

1.Check the Title Deed and Chain Deed
Merely registering a property in your name does not make it yours. Registration only transfers ownership. Therefore, when purchasing a property, be sure to check the Title Deed and Chain Deed. This will determine whether the person selling the property is the real owner. The Chain Deed reveals who owned the property before you. Do not deal with a property without the Title Deed and Chain Deed.

2. Land Record Information
Check the land records of the land you’re purchasing. If you’re purchasing agricultural land, you can get the documentation from the state government’s revenue department. Find out the land’s Khasra number. The Khasra number will provide all the information related to the land. If you’re buying land to build a house, first find out if the land you’re buying has residential permission. If the property is commercial or industrial, avoid buying it because you won’t be able to build a house there.

3. If you’re buying a property in a township, check these documents.
If you’re buying a property in a township, check the land use. See if there’s Town and Country Planning permission. Also, check if the map is approved by a local authority, such as the Municipal Corporation. Most importantly, check whether the colony you’re buying land in is legal. Many people assume that if the government registers the property, it’s legal, but experts say this isn’t the case. During registration, the government only examines the property from a revenue perspective. The responsibility to verify whether a property is legal lies with the buyer.

4. Provide Newspaper Notices
Before purchasing a property, it’s essential to provide public notice in the newspaper. People often overlook this, but providing public notice strengthens your position. If there’s a future dispute regarding the property, you can present your case strongly in court. Similarly, it’s important to register the agreement. Nowadays, this is done simultaneously with the registration. Many people don’t get the agreement registered. If you do not do this, you become legally vulnerable.

5. Encumbrance Certificate
When purchasing any property, be sure to check for an encumbrance certificate. This will help you determine if there are any encumbrances against the property. It can also provide information about any loans taken against the property.

6. Check the Occupancy Certificate
An Occupancy Certificate (OC) is issued by the local authority. This will inform you that the property has been constructed in accordance with the rules, regulations, and approved plans. Living in a building without an OC is considered illegal. Electricity and water connections are also not available without it.

7. Check Property Tax Receipts
Before purchasing a property, you should also check the property tax receipts. This will help you determine whether the previous owner has paid the taxes or if there are any outstanding dues.

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The property market in the country is once again gaining momentum and people are showing enthusiasm in buying flats, plots and commercial properties. Builders and realty developers are also happy with the good pace of purchase and sale of property again. However, while buying property, you should be aware of some basic things and be cautious otherwise there is a fear of fraud.

Here we will tell you which documents you should check before purchasing any property and only then purchase the property. Here we will tell you which documents you should check beforehand while purchasing a property.

Title deeds

Before buying any property, get information about its title deed beforehand and check its documents. You can get it certified by a lawyer. Mainly, the title deed shows that the property you are going to buy is not stuck in any legal trouble. There is no problem in its transfer, divide etc. You should proceed with the purchase of property only after seeing this title deed.

Are the loan papers clear or not?

Before buying a property, you should check the papers to ensure that there is no loan of any kind on your property. Its owner does not have any debt as a liability on this property. It is very important to check it and without checking it you should think about purchasing the property.

Layout Papers

You should be careful about the layout papers of the property and get all the information about its map, whether the open area map is nearby or not. You should be assured beforehand that there will be no property dispute of any kind later.

NOC or No Objection Certificate

Before purchasing any property, it is very important to obtain its No Objection Certificate. If you are buying a flat then you should have information about its society and NOC of the tower.

Commencement certificate

This is known as Construction Clearance Certificate and get it before purchasing a flat or under construction property otherwise it may lead to problems later. Here you can know what experts related to buying and selling property have to say about this.

Akhil Gupta, Co-Founder and CTO, NoBroker.com, says that despite all the pros of buying property in the current real estate market, this plan can go sideways and create more inconvenience and stress than the property is worth. In this context, here are five key things to note before buying a property:

Property ownership check

Before buying, it is important to research about the ownership of the property. Title deed is one of the most important documents that should be verified before purchasing a house or anything else that helps indicate the actual ownership. It also states the rights and obligations of the owner and the rights of a mortgagee, if required by the owner to verify that there are no issues with respect to ownership transfer, partition, conversion, mutation, etc.

It is also essential to verify that the land on which the property is built has been purchased legally and if it has been constructed in compliance with the permissions provided. It is advisable to have the ownership document reviewed by an attorney. Thankfully, with the help of online legal assistance by proptech firms like No Broker, this service has now become hassle-free.

Verification of Encumbrance Certificate: Seek help from a legal professional

Property is a tangible asset, and over the years it bears certain taxes by the local municipal corporation. Thus it is necessary to verify that he has no outstanding dues for which a buyer should check the encumbrance certificate. An encumbrance certificate proves that there is no monetary and legal liability on your property. This can be obtained from the office of the sub-registrar where the property has been registered. This is an important aspect to check as it can go back as far as 30 years.

Commencement Certificate

It is also known as construction clearance certificate. This document is mandatory when you are purchasing an under-construction property from a developer. It could be a builder’s flat, land or house. It said that the construction has started only after getting necessary approvals, licenses and permissions from the local authorities.

layout or building plan

Layout plans should be approved by the appropriate planning authorities. Home buyers need to be cautious as there have been cases where developers have deviated from the approved layout by adding extra floors or reducing open areas. This is an important aspect that should be cross-checked before finalizing the property purchase.

Usually, a building plan is approved by the local municipal authority. It is also known as a site plan and this document includes a blueprint of the project, equipment layout and utilities. Any unauthorized or additional construction runs the risk of subsequent demolition or denial of possession.

Occupancy or OC Certificate

Last but not least, this certificate is also issued by the local authorities only after the completion of the construction of the project. This document certifies that the property has been constructed in compliance with the permissions granted. Therefore, at this stage the developer must have completed all the necessary water, sewage and electricity connections. This ensures that the building is suitable for business purposes and that the people purchasing the property can have it.

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Property papers are such documents which everyone always keeps with utmost care. But if by mistake the property papers are lost somewhere and cannot be found, then we are telling you what should you do first. Let us tell you that if the property papers are lost somewhere, you will not be able to sell your property in future. These papers only show that you are the real owner of this property and have legal rights over it.

Loss of property papers means that the person has no way of claiming that property. Of course, the property will be registered in the sub-registrar’s office in your name or in the name of someone in your household, but it is not possible to get it immediately in case of sudden need. Therefore, it would be better to start the process of making duplicate documents in case the paper is lost. This is not a very complicated process. There are total 3 steps through which you can get duplicate property papers. It is worth noting that you can get duplicate papers even if the paper is lost, stolen or burnt. Let us know what is its process.

First file an FIR

First of all, you should lodge an FIR in the police station of the area from where the documents are lost or stolen. If the local police refuses to lodge an FIR then you can also lodge an FIR online. After this the police will try to find the documents. If it fails in this, it will give you a non-traceable certificate.

Advertise

If the paper is not found after the police searches the property documents, your next step will be to place an advertisement in the newspaper. In this advertisement you will inform about the loss of the property along with its complete details. After this wait for a few days. Generally it is advised to wait for 15 days. It is possible that the person who found the paper may return it.

Last step

Now you have to apply for duplicate document in the sub-registrar office. This application will be given in the office of the same sub-registrar where the property is originally registered. Along with this application, you will have to attach a copy of the FIR and non-traceable certificate and a copy of the advertisement given in the newspaper. Here your application will be accepted after charging some fee. After 15-20 days, duplicate property papers will be issued.a

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Buying a house is everyone’s dream. But a little carelessness while buying property can land you in big trouble. You may have to make rounds from the police station to the court. In such a situation, it is better to check all the important things carefully before buying a house or any other property. Let us tell you what things are mandatory to be kept in mind from finalizing the property deal to registration…

Before buying a property, check these 5 things-

1– The deed of any property is done in two ways. First, we directly meet a deed writer or advocate and tell him about our transaction and get the deed prepared and registered. Second- We get all the work done through a property dealer, in which the work of making the deed is also done by the property dealer. Whatever may be the situation, keep in mind that the deed should be prepared four-five days before registering the property.

Many times the deed writer just changes things like name and address and copy pastes the previous registry and prepares the registry. If any detail is entered incorrectly in the registry, you may face problems in future. It is better to get the deed prepared 4-5 days in advance and check each and every thing.

2– Check the property details in the deed carefully. Check that the title of the property is in the name of the person selling the property to you. Second- The measurement and boundaries mentioned should be correct. If you do not understand anything in the deed, you can take the help of an advocate.

3- The stamp duty to be charged on the deed should also be calculated carefully a few days in advance. Famous advocate Naresh Kudal says in one of his videos that while getting the title deed made, we should always keep in mind that even if the stamp duty is a little high, the documentation should be proper. Many times, people try to save stamp duty by writing wrong facts in the deed but its recovery can also be done. Therefore, it is better to give correct information the first time.

4- The most important thing is that it is very important to check the title of the property you are going to register. For this one should never wait for the registration day. You should ask for a copy of all the title papers of the property from the dealer or seller through whom you are dealing. Those papers should be carefully checked to see whether the title chain is complete or not.

You should also ask the dealer or seller whether he has the original copies of all the documents available or not. If not, then what is its reason and has any missing person been registered with the police? Advocate Kudal says that if you have even the slightest doubt in the papers then contact the advocate.

5- Before registration, check whether the seller actually has possession of the property you are buying or not. Many times such a situation happens that you buy a property and when you go to take possession, you find it occupied by someone else. It would be better if you get the possession letter prepared on stamp paper worth Rs 100. It should be signed by both buyer and seller. It would be better if you make a video while taking possession.

What is necessary on the day of registration?

At the time of property registration, you have to take all the original papers from the seller It would be better if you get a stamp paper of Rs 100 made while handing over the property paper.

It is also very important to check whether there is any kind of loan or any dues of any department on the property you are buying. Like bills like house tax, electricity, water, telephone broadband. At the time of registration, you should also take a copy of their latest bill.

When you register a property, at least 2 witnesses are required. The signatures of these witnesses are also on the document and their biometrics are also recorded in the sub-registrar office. Not many people take the subject of witness seriously. Many times the property dealer or deed writer is made to sign as a witness. If the need ever arises in future, such witnesses will not be of any use to you. Therefore, always keep in mind that as a witness, keep such a person who can testify in the court if needed.

The thing to keep in mind here is that do not make any of your close relatives a witness because if the matter goes to the court, the court considers such a witness as selfish.

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Most of the people lack the knowledge of rights and legal rules related to property due to which they think that they will get the ownership rights as soon as the property is registered. But this does not happen. Even after registration, some documents (Property Documents) have to be taken. Let us know in the news below-

Whenever you buy a house or property, you definitely get it registered. Do you know that even after property registration, you do not get complete ownership rights. You must have heard many times about such cases in which a land is sold to several people. There are some cases in which a huge loan is already taken on a land.

When the person in whose name the property is registered has to pay this loan. This makes it clear that even after property registration, you still have to take important documents.

What is Property Mutation?

Every state has records related to land or property agreements. In this record, details about the ownership of the land are given. Along with this, this document helps in protecting the common man’s property investment. Due to land records, cases of property related fraud are reduced.

Whenever you buy something, you have to register all its information in the revenue records. Through property mutation, the problem of property tax liability is also eliminated to some extent. Its name is different in every state. For example, in Uttar Pradesh and Bihar it is called Dakhil-Kharij.

Check property mutation once

Most people consider sale deed and registration to be the same. Whereas these two are different documents. Let us tell you that even if you have got property registration done, you do not get complete ownership rights on your land.

Before buying land, you should also check whose name the property was in and whether there is any loan in their name. If you do not check it and there is a loan on the land then you will have to pay that loan after property registration.

How to transfer property

There are three types of real estate in the country. It consists of agricultural land, industrial land and habitable land. You can transfer these types of lands. If you want to transfer agricultural land, you will have to go to the Patwari of that area. At the same time, transfer of industrial land is done through the Industrial Development Centre.

Whereas when you buy land to live in a house, you will have to go to the Municipality, Municipal Corporation, or Gram Panchayat of your area. The land is transferred only through them. Whenever you buy a property, you should get all the documents related to it transferred. After this you will get complete ownership rights on the land.

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Many times scamsters cheat people by getting multiple registries of the same land done. To avoid such scams, it is important that you should know the difference between real and fake registry.

How to identify fake registry

Whenever people buy land, they usually look closely at only Khatauni or registry documents. But do you know that only these two documents are not necessary. Only from these documents you cannot find out who has the ownership rights on the land or property.

To avoid fraud, you should pay attention to the old registry along with the new registry. The person from whom you are buying the land has taken that land from someone else, how the ownership came to him, find out all these things in advance.

Land category?

Before buying the land, see that the land you are buying is not government owned. For this, you can check the reality of the land through records 41 and 45 of consolidation. Because many times people sell the land of railways and forest department as their own.

There is no case in the court

while buying the land, also check whether any legal action is being taken on the land you are going to buy. If you buy a disputed property, then you may have to face problems later.

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According to this rule, if you have taken any kind of loan on property, then the property documents will have to be returned to the customer within 30 days of full repayment (Loan Repayment). If this is not done by the bank, then the customer will have to pay a fine of Rs 5000 per day.

Cases of missing property documents also

This rule has been issued by the Reserve Bank after receiving complaints from customers. RBI received many such complaints in which after loan repayment, customers had to make rounds for months for the property documents. In some cases, the bank also said that property documents were missing. In view of such negligence of the bank, this order has been issued by the Reserve Bank. Let us tell you that when a person takes a home loan or any kind of property loan, the bank keeps the original documents of the property with itself.

Documents have to be returned within 30 days.

After the loan is repaid by the customer, the original documents have to be returned to the bank. But after cases of negligence on the part of banks came to light, RBI has issued this rule. It is expected that after the implementation of this rule, customers will get relief. In the circular issued by RBI to banks and NBFCs, it was said that all the documents should be released within 30 days of full repayment of the loan. If the documents are released by the bank or NBFC after 30 days, then the bank will have to pay a penalty.

It was said in the order that in case of delay in returning the documents, a fine of Rs 5,000 per day will be imposed by the bank or NBFC. The bank will pay the fine amount to the concerned property owner. RBI also said in the notification that if the property documents of a borrower are lost, the bank will have to help the customer in obtaining duplicate copies of the documents.

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Many times scamsters cheat people by getting multiple registries of the same land done. To avoid such scams, it is important that you should know the difference between real and fake registry.

How to identify fake registry

Whenever people buy land, they usually look closely at only Khatauni or registry documents. But do you know that only these two documents are not necessary. Only from these documents you cannot find out who has the ownership rights on the land or property.

To avoid fraud, you should pay attention to the old registry along with the new registry. The person from whom you are buying the land has taken that land from someone else, how the ownership came to him, find out all these things in advance.

Land category?

Before buying the land, see that the land you are buying is not government owned. For this, you can check the reality of the land through records 41 and 45 of consolidation. Because many times people sell the land of railways and forest department as their own.

There is no case in the court

while buying the land, also check whether any legal action is being taken on the land you are going to buy. If you buy a disputed property, then you may have to face problems later.

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Aadhaar card has become a very important document in recent times. Whether you want to get a new SIM card, open your bank account, use PAN card or take advantage of any government scheme, Aadhaar is needed. It has made work easier for the people as well as for the government. Recently the deadline to link PAN with Aadhaar has ended. Now there may be a need to link another document with Aadhaar.

Hearing in Delhi High Court

In fact, there is a demand that property documents across the country should be linked to Aadhaar. This will stop corruption, black money and benami property transactions. A petition has been filed in the Delhi High Court in this regard. The High Court, while hearing the petition, has sought an answer from the government in the matter.

The petitioner gave these arguments

Advocate Ashwini Upadhyay has filed this petition in the Delhi High Court. Advocate Ashwini Upadhyay says that strict steps are necessary against corruption, black money and benami property. Some people across the country have created properties illegally. Black money has been stashed on a large scale by buying properties. If the property documents are linked to Aadhaar, then such cases can be easily caught.

Government has 4 weeks

The Delhi High Court asked the government to respond while hearing a petition seeking to link citizens’ property documents with their Aadhaar numbers. The High Court granted 4 weeks time to the Central Government to file its reply on the petition related to curbing corruption, black money and benami transactions.

Answers sought from these ministries

A bench of Chief Justice Satish Chandra Sharma and Justice Sanjiv Narula gave the ministries of finance, law, housing and urban affairs and rural development four weeks to file their response to the plea. Now the next hearing in the court on this matter will be on September 5. The court has also demanded an answer from the Ministry of Home Affairs on this matter.

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These documents are also necessary because without it you will not be able to sell your property in future. These papers only show that you are the real owner of this property and you have a legal right over it.

If these documents are lost somewhere or you forget to keep them somewhere, then someone else can take advantage of this wrongly and try to take possession of your property. In such a situation, what should be done if the documents of the property are lost due to any reason? If your property papers are lost somewhere then there is no need to worry.

First of all file an FIR

in such cases, first of all you have to go to your nearest police station and register an FIR. It has to be told that your papers have been lost somewhere. Or have forgotten by keeping somewhere here and there which is not going to be found now. After filing the FIR, a copy of it will also have to be kept with you. If possible, this information can also be given in writing to the Inspector General of Registration or the Sub-Registrar. In this written information, definitely tell how this situation has arisen, so that they can understand the problem better. Apart from this, a notice should also be published in the newspaper.

Follow the legal route also, for the paper of the property, get the undertaking made on the stamp paper, which has complete information about the property. It should mention missing papers, FIR and newspaper notices. This undertaking has to be registered with the notary. After this, it has to be deposited in the registrar’s office. If you live in a housing society, you can get a duplicate share certificate from the Resident Welfare Association or RWA.

Get duplicate property papers

Now for duplicate papers of your property, you have to apply for duplicate sale deed in the registrar’s office. For this, you will have to submit the photocopy of the FIR, copy of the advertisement given in the newspaper, duplicate share certificate and undertaking attested by the notary and some processing fees in the registrar’s office. After which a duplicate sale deed will be issued in your name.

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That’s why it is very important that there is a need to be very careful while buying or selling any property. Many documents are also needed while buying and selling property. Without these documents the deal cannot be finalized. Many documents like lease deed, mortgage deed, gift deed, exchange deed and sale deed are also very important while selling the property.

While selling a property, the Sale Deed and other deed documents come in handy. Today we are going to give you information about one of these important documents, the sale deed. Sale deed is one of the most important documents. Sale deed in Hindi means sale deed or banama paper.

What is sale deed after all?

It is a legal document that empowers the owner or seller of the property to transfer the rights of the property in the name of the buyer. After the seller has drafted the sale deed, the property should be registered at the local sub-registrar’s office. People have to register to buy land. The whole process of registry is completed only after registering the Sale Deed. First of all, the buyer and seller of the land have to get the sale deed prepared with mutual consent. After this, online registration is done on the basis of this sale deed only. The land for which registration is being done.

Is sale deed necessary?

Many times people often ask whether it is mandatory to get the sale deed registered. So the answer is yes, it is very important to register the sale deed. Unless the sale deed is registered, the buyer cannot legally become the rightful owner of the property. The sale deed should contain several clauses as per the Transfer of Property Act.

Documents required while drafting the sale deed include building plan, allotment letter by the builder, tax slip, utility bill (electricity), power of attorney (if applicable), title documents, and all pre-registered agreements in case of resale of the property Are included.

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