Important documents to check before buying a property
Architecture Dec 04, 2019
In India, ownership of property connotes a sense of dignity and prestige for the rich. However, the extensive majority of the middle-class community cherishes it as a dream. While a few countries have eased the land buying process, the Indian conditions of purchasing the right property is filled with risks and legal hurdles.
So, if you’ve planned to buy a property then get ready for some significant paper work. The process involves collating and providing various documents to ensure smooth ownership over the property. Here is a list of important property documents that are required for buying a property.
This is the most important paper that is required during the property purchase. A sale deed has to be mandatorily registered and you can get it registered in the sub-registrar’s office of the area where the property is located. You need to ensure that the property has a clear title before executing the sale deed.
Khata certificate is an important document for the registration of a new property and for transfer of a property. Khata is a proof that the property construction is done according to an already approved plan.
POA (Power of Attorney)
A POA is a document required to give authority to an authorised person by the owner of the property on his behalf. The owner can either give a GPA (General Power of Attorney) or SPA (Special Power of Attorney) to transfer his rights.
On purchase of a land with already constructed building, the buyer needs to check the building plan issued by the local municipal authorities and the approvals given by the government. The building approval plan is sanctioned by the concerned authorities based on the plot depth, road width and zonal classification.
The sale agreement mentions all the information related to the property including the payment option/plan, possession date, terms and conditions, common area details, etc. Also, ensure that you get the sale agreement done first before the sale deed is executed.
An encumbrance certificate or EC is required to ensure that the property is free from any pending mortgages or any other legal issues. It also contains details related to transactions that happened over a period of time. To obtain an EC one has to submit a copy of the sale deed.
One has to ensure that the previous owner has paid all the previous property taxes and there is no pending due. Being a buyer, you need to ask the seller for all the original tax receipts and check if the details are correct.
For constructed properties you must also ensure to scrutinise the completion certificate and occupancy certificate.
It is always better to be extra cautious while buying a property. Whether you are buying a newly constructed property or reselling an apartment, do consult with your property lawyer and seek thorough guidance about the documents.