Property Documents Checklist (India)

The seller must show you the title documents on request (TPA s.55(1)(b)).

1. Title documents for at least the last 30 years TPA ss.54, 55(1)(b); Limitation Act Sch. arts. 61, 112

   Collect the chain of title deeds — sale, gift, partition, release and settlement deeds, court decrees — going back at least 30 years, and check that each one passed the whole property to the next owner. Inspect the originals and compare them with certified copies from the Sub-Registrar.

   Why it matters: A gap or defect in any link can mean the seller does not own what they are selling. Thirty years is the usual standard for a title search: it covers the 30-year limitation periods for redeeming a mortgage and for suits by the Government (Limitation Act 1963, Schedule arts. 61 and 112).

   Checked Asked for Problem N/A
   Note optional
2. Every deed in the chain registered and stamped TPA ss.53A, 54; Registration Act ss.17, 49

   Check the registration number, date and stamp duty of each deed. Deeds that transfer immovable property worth ₹100 or more must be registered, and so must an agreement to sell on which anyone relies to keep possession.

   Why it matters: An unregistered deed does not affect the property and cannot be used as evidence of the transfer (Registration Act s.49); an unregistered agreement to sell gives no protection for part performance (s.17(1A), TPA s.53A).

   Checked Asked for Problem N/A
   Note optional
3. Encumbrance certificate for the same period — and a fresh one before registration Registration Act s.57

   Get an encumbrance certificate from the Sub-Registrar’s office (online in most States) for at least 30 years, and a new one a few days before the sale deed is registered.

   Why it matters: It lists the registered transactions on the property — mortgages, sales, leases, gifts — so you see charges and competing transfers the seller has not mentioned.

   Checked Asked for Problem N/A
   Note optional
4. CERSAI search for loans secured on the property SARFAESI Act ss.20, 23, 26

   Search the Central Registry (CERSAI) with the property’s details for security interests registered by banks and other lenders.

   Why it matters: A mortgage made by depositing the title deeds with a bank may not appear in the encumbrance certificate, but the lender must register it with CERSAI, whose register anyone can search for a fee (SARFAESI Act s.26).

   CERSAI — Central Registry

   Checked Asked for Problem N/A
   Note optional
5. Land and municipal records in the seller’s name State land revenue and municipal laws

   Check the record of rights and the mutation entries kept by the revenue (tahsil) office for land, or the municipal property register for a building, and that they show the seller as the owner, with the same area and survey number as the deed.

   Why it matters: These records are kept for revenue and do not prove title on their own — but an entry in someone else’s name, or a mutation still pending, points to a dispute or a missing link in the chain.

   Checked Asked for Problem N/A
   Note optional
6. Property tax and utility bills paid up State municipal laws

   Ask for the latest property tax receipts and a no-dues certificate if the municipality issues one, and for paid electricity and water bills.

   Why it matters: Under many municipal laws unpaid property tax is a charge on the property itself, so it can follow the property to you.

   Checked Asked for Problem N/A
   Note optional
7. Every owner signs, with identity checked TPA s.44; Indian Contract Act s.11

   Match the names on the title deed, the encumbrance certificate and the sellers’ PAN and identity proofs. Every co-owner must sign the sale deed; for a company, firm or trust, get the board resolution or other authority for the sale.

   Why it matters: A sale by only some co-owners transfers only their share (TPA s.44); a person without authority cannot bind a company.

   Checked Asked for Problem N/A
   Note optional
8. Succession documents for inherited property Indian Succession Act 1925; Registration Act s.17(1)(b)

   The death certificate, the will and its probate where probate is required, or a legal heir or succession certificate, and registered release (relinquishment) deeds from the other heirs.

   Why it matters: Every heir has a share until they release it; a sale by one heir alone does not give you the whole property.

   Checked Asked for Problem N/A
   Note optional
9. Court permission for a minor’s share HMGA s.8; Guardians and Wards Act ss.29, 30

   If a minor owns a share, check who may sell it for them and that the court has permitted the sale: a Hindu natural guardian needs the court’s permission (Hindu Minority and Guardianship Act s.8(2)), and so does a guardian appointed by a court (Guardians and Wards Act 1890 s.29). Get a certified copy of the order.

   Why it matters: A sale of a minor’s property without the permission the law requires can be set aside later (HMGA s.8(3) at the minor’s instance; Guardians and Wards Act s.30).

   Checked Asked for Problem N/A
   Note optional
10. A registered power of attorney that is still valid Indian Contract Act s.201; Registration Act ss.32, 33

    If someone signs for an owner, check the original power of attorney: registered, clearly covering this sale, not revoked, and the owner still alive — a power of attorney ends when the owner dies. Where possible, have the owner sign or confirm the sale.

    Why it matters: The Supreme Court has held that a “sale” through a general power of attorney, an agreement to sell or a will, without a registered sale deed, does not transfer ownership (Suraj Lamp & Industries v. State of Haryana).

    Checked Asked for Problem N/A
    Note optional
11. No pending case or claim — court search and public notice TPA s.52

    Search the eCourts records for cases about the property or the sellers, ask the sellers for a written declaration, and publish a public notice in local newspapers inviting objections before you pay the balance.

    Why it matters: While a suit about the property is pending, a transfer cannot defeat the rights the court decides (lis pendens) — you would take the property subject to the result.

    eCourts case search

    Checked Asked for Problem N/A
    Note optional
12. Site visit: boundaries, area and who is in possession TPA s.55(1)(a)

    Visit the property, check the boundaries and area against the deed and survey map (have a surveyor measure land and plots), and confirm who occupies it — tenants, relatives or encroachers.

    Why it matters: The seller must disclose material defects you could not find with ordinary care (TPA s.55(1)(a)) — but area and boundary differences and occupants’ claims are still the most common disputes after a purchase.

    Checked Asked for Problem N/A
    Note optional
13. The tenant leaves, or you take the property with the lease TPA s.109

    If the property is let, decide whether you buy it vacant (possession handed over before registration) or with the tenant (get the lease, the deposit details and a letter of attornment).

    Why it matters: A buyer steps into the landlord’s place under an existing lease (TPA s.109), and tenants protected by State rent laws can be hard to evict.

    Checked Asked for Problem N/A
    Note optional

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1. Sanctioned building plan — and the building matches it State town planning and municipal laws

   Get a copy of the building plan approved by the municipal or development authority and compare it with the flat or house: floors, area, use and any extra construction.

   Why it matters: Construction beyond the sanctioned plan can be regularised only where local rules allow — otherwise it can be demolished.

   Checked Asked for Problem N/A
   Note optional
2. Occupancy or completion certificate RERA s.11(4)(b); State building rules

   Ask for the occupancy (or completion) certificate issued by the local authority for the building.

   Why it matters: It certifies that the building was completed as approved and may be occupied; without it, utility connections, society registration and home loans can be refused. Builders must obtain it and give it to buyers (RERA s.11(4)(b)).

   Checked Asked for Problem N/A
   Note optional
3. Land use allowed for what you plan State land revenue and town planning laws

   Check the land use shown in the development or master plan and, for land recorded as agricultural, the order converting it to non-agricultural use (NA order) before you build on it.

   Why it matters: Building on land that has not been converted, or against the zoning, can be stopped or penalised and may block approvals and loans.

   Checked Asked for Problem N/A
   Note optional
4. The plot is in an approved layout State town planning laws

   Check that the planning authority approved the layout, that your plot number is in it, and that roads and open spaces are as shown.

   Why it matters: Plots in unapproved layouts often cannot get building permission or utility connections.

   Checked Asked for Problem N/A
   Note optional
5. You are allowed to buy agricultural land in this State State land reforms, tenancy and ceiling laws

   Several States allow only agriculturists or residents to buy agricultural land, or require permission first; check the State’s land reforms or tenancy law and any ceiling on holdings before you pay.

   Why it matters: In some States a purchase in breach of these rules is invalid and the land can be forfeited to the State.

   Checked Asked for Problem N/A
   Note optional
6. No tenants, government grants or restrictions on the land State land revenue laws

   Check the record of rights for tenants or cultivators other than the seller, land granted by the government on restricted tenure (which often cannot be sold without permission), and acquisition or reservation notices.

   Why it matters: Such land may need the Collector’s permission to sell, or may not be transferable at all.

   Checked Asked for Problem N/A
   Note optional

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1. Society NOC and share certificate State co-operative societies law; society bye-laws

   Get the housing society’s no-objection letter for the transfer, the original share certificate where the society issues one, and the procedure and fee for admitting you as a member.

   Why it matters: Without the society’s records in your name you cannot get membership, parking or a clean resale later.

   Checked Asked for Problem N/A
   Note optional
2. Maintenance and other dues cleared Society bye-laws

   Ask for a no-dues letter from the society or association of owners, and the last maintenance and utility bills.

   Why it matters: Societies often refuse to transfer membership until arrears are paid.

   Checked Asked for Problem N/A
   Note optional
3. The builder’s papers for the flat RERA ss.13, 17; Registration Act s.17

   The original allotment letter, the registered agreement for sale with the builder, payment receipts, the possession letter and — if the flat was never conveyed — the builder’s no-objection to the transfer.

   Why it matters: For a resale flat these documents are the first links in the chain of title.

   Checked Asked for Problem N/A
   Note optional
4. Land conveyed to the society or association RERA s.17(1); State apartment ownership laws

   Check whether the builder has executed the conveyance of the land and building (or the common areas) to the society or association of owners; if not, find out why.

   Why it matters: Until it is conveyed, the land stays in the builder’s name, which can affect redevelopment and the title of every flat.

   Checked Asked for Problem N/A
   Note optional

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Every check here can be done on your State RERA website before you pay anything.

1. The project is registered with the State RERA RERA ss.3, 4, 11(1), (2)

   Find the project and phase on the State RERA website: the registration number and its validity, the promised completion date, the approvals and the quarterly updates of bookings and progress. The registration number must appear in the builder’s advertisements.

   Why it matters: A promoter may not advertise, market, book or sell in a project without registering it (s.3(1)). Only small projects are exempt — land of not more than 500 m², or not more than eight apartments in all phases (s.3(2)(a)) — and a State can lower those limits, so ask your State RERA if the project is not listed.

   Checked Asked for Problem N/A
   Note optional
2. The promoter’s title to the land, and the loans on it RERA ss.4(2)(l)(A), (B), 18(2)

   Read the promoter’s declaration filed with RERA on its title and the encumbrances on the land (such as a construction loan), the title documents, the lender’s no-objection to selling units, and an encumbrance certificate for the land.

   Why it matters: If the title is defective the promoter must compensate you, and that claim is not barred by limitation (s.18(2)) — but it is far better to know before you pay.

   Checked Asked for Problem N/A
   Note optional
3. Sanctioned plans, specifications and commencement certificate RERA ss.4(2)(c), (d), 11(3), 14

   Check the sanctioned plan, layout plan and specifications approved by the competent authority, the commencement certificate for your building or phase, and the stage-wise schedule of completion.

   Why it matters: Once they are disclosed, the promoter cannot change your apartment’s plans or specifications without your consent, or the building’s without two-thirds of the allottees (s.14(2)).

   Checked Asked for Problem N/A
   Note optional
4. No more than 10% paid before a registered agreement for sale RERA s.13

   Pay at most 10% of the cost as an advance or application fee until the written agreement for sale is signed and registered. It must state the specifications, the payment schedule, the possession date and the interest for delay on both sides.

   Why it matters: The Act forbids promoters to take more than 10% without a registered agreement (s.13).

   Checked Asked for Problem N/A
   Note optional
5. Area and price stated in carpet area RERA ss.2(k), 4(2)(h)

   Check that the agreement states the carpet area — the net usable floor area inside the external walls, excluding service shafts and exclusive balconies and terraces — and compare prices on that basis.

   Why it matters: “Super built-up” figures inflate the area you pay for; RERA defines carpet area (s.2(k)) and requires it to be disclosed (s.4(2)(h)).

   Checked Asked for Problem N/A
   Note optional
6. Payments go into the project’s separate account RERA s.4(2)(l)(D)

   Pay into the project account named in the agreement, and link payments to construction stages.

   Why it matters: The promoter must keep 70% of the money collected in a separate account used only for the land and construction cost of that project (s.4(2)(l)(D)).

   Checked Asked for Problem N/A
   Note optional
7. Possession date, delay interest and defect liability RERA ss.14(3), 18, 19(10)

   Note the possession date, the interest for delay, and your right to withdraw with a refund if possession is late; after possession, report structural and workmanship defects within five years, and take possession within two months of the occupancy certificate.

   Why it matters: For late possession you can withdraw and get a refund with interest, or stay and receive interest for every month of delay (s.18(1)); defects notified within five years must be fixed free within 30 days (s.14(3)).

   Checked Asked for Problem N/A
   Note optional

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1. The seller’s loan closed and the title deeds released SARFAESI Act ss.23, 25

   Get the lender’s statement of the amount due, pay that part directly to the lender, and collect the loan closure letter and the original title documents; check that the charge is satisfied on CERSAI.

   Why it matters: Until the lender is repaid and releases its charge, the property stays mortgaged.

   Checked Asked for Problem N/A
   Note optional
2. Your lender’s legal and valuation reports read Good practice

   If you take a home loan, read the bank’s legal scrutiny and valuation reports and ask about anything they flag.

   Why it matters: The bank checks its own security; it is a second opinion, not a substitute for your own lawyer’s checks.

   Checked Asked for Problem N/A
   Note optional
3. Stamp duty paid and the sale deed registered TPA s.54; Registration Act s.17; Stamp Act s.35

   Pay stamp duty under your State’s Stamp Act — usually on the higher of the price and the government’s guidance (circle) value — and register the sale deed at the Sub-Registrar’s office with the sellers and the witnesses it requires.

   Why it matters: Ownership passes only by a registered sale deed (TPA s.54), and a document that is not duly stamped cannot be admitted in evidence until the duty and a penalty are paid (Indian Stamp Act s.35).

   Checked Asked for Problem N/A
   Note optional
4. TDS deducted if the price is ₹50 lakh or more Income-tax Act 2025 s.393(1), Table Sl. No. 3(i)

   If the price or the stamp duty value is ₹50 lakh or more, deduct TDS of 1% of the price or the stamp duty value, whichever is higher, from the payment to a resident seller, and deposit it with the challan-cum-statement within 30 days from the end of the month in which you deduct it.

   Why it matters: The buyer is responsible for deducting it; a buyer who does not can be charged interest and penalties.

   Checked Asked for Problem N/A
   Note optional
5. TDS for a non-resident seller Income-tax Act 2025 s.393(2)

   When the seller is a non-resident the 1% rule does not apply: TDS is due under the rules for payments to non-residents, at the rates in force with surcharge and cess, and how much of the price it applies to depends on the seller’s taxable gain. Ask whether the seller has a lower- or nil-deduction certificate, and take a chartered accountant’s help before you pay.

   Why it matters: The buyer is responsible for deducting the right amount.

   Checked Asked for Problem N/A
   Note optional
6. After registration: records and connections in your name State land revenue and municipal laws

   Apply for mutation in the revenue or municipal records, and transfer the society membership, the property tax account and the electricity and water connections. Keep the registered deed and all the documents above safely.

   Why it matters: Records left in the old owner’s name cause trouble with taxes, loans and your own sale later.

   Checked Asked for Problem N/A
   Note optional

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