Legal Documents required for Purchasing a Property

Date: 17-September,2019Last Updated: 26-September,2022
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Buying a property is a process riddled with problems. The legalese can be confusing and put you in trouble. Use this handy guide to help you navigate through the legal documents procedure that you'll need to follow while buying a property. While purchasing a property, it is essential to check that the following documents are in order.

1. Deed of sale document

A Sale Deed is the most important legal document that acts as proof of sale and records the transfer of ownership of the property from the seller to the buyer. This document needs to be compulsorily registered at the sub registrar's office under whose jurisdiction the property falls in. It is imperative that before the Sale Deed is executed one should implement the sale agreement and check for conformance of various terms and conditions as laid in the sale deed.

2. Khata certificate

Khata certificate or extract is an important legal document for the registration of a property and is known by different names in different places. It is essential if you want to transfer the property to someone else at a later stage.

This document is proof that the property is entered in the records of the local municipality and the construction was carried out according to a plan. This paper is essential if you are applying for a home loan.

3. Power of attorney

This piece of paper is required as a proof of whether the sale or purchase is done by an authorised person in the interest of the owner of property. This legal document needs to be produced in original if you are intending to apply for a home loan.

4.Copy of building plan

A copy of the building plan must be acquired by the buyer approved by the statutory body to establish that the construction of the property has been carried out following all the rules and regulations.

5. No Objection certificate

There are as many as about 20 NOCs that needs to be obtained by a developer from different authorities before starting to build a housing project. Ask the developer for copies of these NOCs and file them for your record.

6.Building Plan document

A copy of the approved building plan must be acquired by the buyer to establish that the construction has been carried as per the laws.

7. Sale agreement

This legal document records all the information about the property - the terms and conditions, possession date, payment plan, specifications, facilities etc.

The agreement is one of the most important legal documents that holds the developer accountable for the construction of the property. This document needs to be produced in original for property purchase and while applying for home loan.

8. Allotment Letter

An allotment letter is one of the most important certificate that needs to be produced in a bank before applying for a home loan. It is issued by a developer or the housing authority, listing the description of the property and an account of the amount paid by the buyer.

An allotment letter is issued on the letterhead of the housing authority while a sale agreement is a document made on stamp paper.

An allotment letter is issued only to the first owner and other owners can ask for a copy of the original papers.

9. Possession Letter

This legal document is provided by the developer to the buyer and sets a date on which the former will grant the latter the possession of the property. The original copy of this document needs to be shown while applying for a home loan.

10. Payment Receipts

The original payment receipts need to be provided by the developer to the buyer if you are buying a property. If you are buying a resale property, ask for a copy of all the receipts so that it can be produced in the bank.

11. Property Tax Receipts

Property owners need to pay taxes. Make sure that the previous occupier/owner had paid property taxes and no pending dues are left. It also establishes the legal status of the property.

12. Encumbrance Certificate

An Encumbrance certificate establishes that the property does not have mortgages or legal dues pending for payment. This is one of the most important legal documents that need to be provided to the bank before applying for a loan. In India, Form 15 is issued if the property has encumbrances against it; else Form 16 will be given to the owner clearing the owner of all encumbrances.

13. Completion Certificate

This legal document is essential for obtaining a home loan. This certificate reiterates the fact that the building has been constructed according to an approved plan.

14.Certificate of Occupancy

An occupancy certificate is issued to the developer by the local authority to establish that the building is ready for occupancy and the construction has been done as per as established plan.

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