What Documents Should You Check Before Buying a Property in India?

The Sale Deed is one of the most important documents in a property transaction. It records the transfer of ownership from the seller to the buyer.

Before proceeding, check:

• Seller's name and ownership details
• Property address and identification details
• Property area and boundaries
• Registration details
• Consideration amount
• Previous ownership references

For a resale property, don't check only the latest Sale Deed. Review the previous ownership documents to understand the complete ownership history.

The title documents help establish whether the seller has the legal right to sell the property. Ask the seller to provide the relevant documents showing how the property was acquired and transferred over time. Depending on the property, this could include Sale Deeds, Gift Deeds, Partition Deeds, inheritance documents or court orders.

The objective is to identify any gaps, conflicting information or unexplained transfers in the ownership chain. If the title history is complicated, consider getting it reviewed by an independent property lawyer.

An Encumbrance Certificate (EC) is an important part of property due diligence. It can provide information about registered transactions and certain registered encumbrances associated with the property.

Check whether:

• The property details match the property you intend to purchase.
• The EC covers an appropriate period.
• Any previous mortgage or loan has been released.
• There are unexplained entries or transactions.

An EC is useful, but it should not be considered the only proof that a property has a clear title. It should be checked along with title documents and other relevant records.

If you are purchasing a new project covered by the Real Estate (Regulation and Development) Act, verify the project's RERA registration on the relevant state RERA portal.

Check:

• RERA registration number
• Promoter/developer name
• Project name and location
• Proposed completion date
• Number and type of units
• Project disclosures
• Approvals and documents available on the portal

RERA information can help buyers compare the developer's claims with the project's official disclosures.

For a flat, villa, house or other constructed property, check the approved or sanctioned building plan issued by the relevant authority. Compare the approved plan with the property being offered.

Pay attention to:

• Number of floors
• Unit configuration
• Layout
• Common areas
• Parking provisions
• Major changes or deviations from the approved plan

Significant deviations or unauthorised construction can create problems during possession, resale or future approvals.

For applicable under-construction projects, verify the Commencement Certificate or relevant construction approval. It generally confirms that the competent authority has permitted construction to begin, subject to applicable conditions.

Buyers should not rely only on verbal assurances that all approvals have been obtained. Ask for the relevant documentation and verify the details.

For a completed property, check whether the applicable Completion Certificate (CC) and Occupancy Certificate (OC) have been issued. The Completion Certificate generally relates to completion of construction according to sanctioned plans and applicable requirements. The Occupancy Certificate generally confirms that the building or relevant portion is permitted for occupation under applicable local rules.

Before taking possession, verify the applicable certificates and ensure that the details correspond to the project and property you are purchasing.

Ask for the latest property tax receipts and check whether there are any outstanding dues.

Verify:

• Owner's name
• Property identification details
• Tax period
• Amount paid
• Outstanding amount, if any

Unpaid property taxes or other local dues should be clarified and resolved as part of the transaction.

Mutation records update ownership information in relevant local or revenue records after a transfer. For plots, independent houses and land transactions, checking the applicable land and revenue records can be particularly important.

The terminology and verification process can differ between states, so buyers should check the records maintained by the relevant state or local authority.

Depending on the type and location of the property, different No Objection Certificates (NOCs) and approvals may be required. These may relate to:

• Development authorities
• Local authorities
• Housing societies or associations
• Banks or financial institutions
• Other relevant departments

Not every property requires the same NOCs. The applicable documents depend on the property's location, type, development and transaction history.

If the seller previously purchased the property using a home loan, check whether the loan has been fully repaid.

Where applicable, ask for appropriate loan-closure and mortgage-release documents. If an existing mortgage is still recorded, understand how it will be discharged before ownership is transferred to you.

Verify the seller's identity and confirm that the person signing the transaction has the legal authority to sell the property.

This becomes especially important when:

• There are multiple owners.
• The property has been inherited.
• A Power of Attorney is being used.
• One owner is unavailable.
• The seller is a company or legal entity.

For inherited properties, additional succession or legal-heir documentation may be required depending on the circumstances.

Before signing, carefully review the agreement that sets out the terms of your purchase.

Pay attention to:

• Total property price
• Payment schedule
• Possession date
• Cancellation terms
• Maintenance charges
• Parking details
• Property area
• Default clauses
• Registration and applicable charges

Never sign an agreement without understanding the important terms and conditions.

If someone is selling or signing documents on behalf of the owner, carefully verify the Power of Attorney (POA). Check whether it is valid and whether it gives the representative sufficient authority for the specific transaction.

A POA should not be accepted simply because the seller provides a copy. Its validity and scope should be properly examined.

Document verification should not be limited to the papers provided by the seller.

Where appropriate, buyers should conduct legal due diligence to identify potential property disputes, court cases, claims or other legal issues involving the property or ownership.

This becomes particularly important when purchasing inherited property, land, older properties or properties with complicated ownership histories.

Before making a major payment, check the documents applicable to your property:

• Sale Deed or Conveyance Deed
• Title and previous ownership documents
• Encumbrance Certificate
• RERA registration, where applicable
• Approved building plan
• Commencement Certificate, where applicable
• Completion Certificate
• Occupancy Certificate
• Property tax receipts
• Mutation and land records
• Relevant NOCs
• Bank NOC or loan-closure documents
• Seller's identity and ownership documents
• Agreement to Sell or Builder-Buyer Agreement
• Power of Attorney, where applicable
• Inheritance or legal-heir documents, where applicable
• Relevant litigation and legal searches

Checking only the current owner's documents- Always understand the property's ownership history, especially for resale properties.

Assuming RERA registration guarantees everything- RERA registration is an important project-level check, but it does not replace independent title and legal verification.

Ignoring outstanding dues- Check property taxes, loans and other applicable dues before completing the transaction.

Paying a large amount before verification- Avoid making substantial payments before the key legal and financial documents have been reviewed.

Not comparing documents with the actual property- Verify details such as the unit number, floor, area, parking and other relevant information against the documents.

You can collect and verify many documents yourself, but legal due diligence involves more than simply checking whether documents exist.

A property lawyer can review the ownership chain, title, encumbrances, approvals and potential legal issues and identify inconsistencies that may not be obvious to a buyer.

Professional legal verification is especially useful for high-value purchases, inherited properties, land transactions, resale properties with complicated histories or properties involving existing loans or disputes.

Before buying property in India, don't make your decision based only on the location, price or brochure. Verify the property's title, ownership history, encumbrance status, approvals, RERA details where applicable, tax records and other relevant documents.

The exact documents required can vary depending on whether you are buying a flat, plot, independent house, commercial property or inherited property, as well as the state and local authority involved.

Taking the time to verify the paperwork before buying can help you make a more informed property decision and reduce the risk of legal or financial complications later.