DOCUMENTS CHECKLIST PROPERTY
| Sr. No. | Title | Description |
|---|---|---|
| 1 | Sale Deed / Title deed / Mother deed / Conveyance Deed | A sale deed acts as the main legal property document for evidencing sale and transfer of ownership of property in favor of the buyer, from the seller. Further, it also acts as the main property document for further sale by the buyer as it establishes his proof of ownership on the property. Normally sale deed is executed after execution of sale agreement. Sale deed confirm that terms and conditions detailed in the sale agreement as agreed upon between the buyer and the seller are complied. It is mandatory to register the Sale Deed in Sub Registrar office in whose jurisdiction property is located. It is mandatory to register sale deed within 4 months from the date of execution else you need to pay penalty or it stands invalid. |
| 2 | Property Identification Number (PIN) | A PIN (Property Index Number) is a 14 digit numerical code for the legal description of a piece of land as it has been defined for the purposes of real estate taxation. |
| 3 | RTC Extracts | R.T.C is issued by the Village Accountant. It contains details of the extent of land in a survey number or a sub-survey number, the extent of kharab land therein, the names of the present and previous owners, their respective holdings and names of the tenants. It also include details like the kind of soil/crop, any mortgages, charges made on the properties contained therein, the status of land (whether Inam land or not), the conversion order number, date in case any property converted therein from agricultural to non-agricultural use, the references to mutation and inheritance certificates where there is any change in ownership etc. |
| 4 | Katha Certificate and Extracts | Khata means an account and Khata is an account of a person who has property in the city. There are two types of Khata: Khata Certificate and Khata Extract. In different states it is known by different names. It is basically an entry in record of local municipal committee and indirectly confirms that apartment is constructed as per approved plan. Khata certificate is required for two reasons: For registration of a new property and for transfer of any property. Khata can be obtained from the Assistant Revenue officer (of the respective area). This certificate is must have for any property owner. Khata Certificate is obtained for any new registration after paying the tax. Khata certificate is issued stating that a particular property No ‘N” is in the name of person X. This certificate is required to apply for water connection, electricity connection, trade license and building license. The Khata certificate is given only to the owner of the property or to his family members. No one else can take it on his behalf. Khata Extract is seeking details from the assessment register. The extract is required to get trade license, or to buy a particular property. It is an extract from the assessment register about any particular property. It has the details of the property in a particular format with the name, size of the property, use of the property (commercial purpose, residential), annual value, when assessed last. An extract is the only way to get these details of any property. |
| 5 | Mutation Register Extracts | Mutation Extract issued by the Village Accountant or Tahsildar contains the extract from the mutation register or inheritance certificate with details of previous owner, the present owner, the mode of acquisition of the property, the total extent of the property and the order stating that the Khatha of the property may be transferred to the name of the present owner. |
| 6 | Joint Development Agreement | An individual landowner and a builder may enter into a JDA. The key feature of a JDA is that the landowner will contribute land and the builder will undertake development activity on it. Depending upon the land price, the joint development ratio is decided among the parties. In most of the cases, the builder will agree to allot X no of flats to the landowner and there is no exchange of money between landowner & builder. In consideration of this, the landowner will part with his share of land in favor of the builder or his nominee. He also allow the builder to construct apartment on his land and sell the agreed number of flats. |
| 7 | General Power of Attorney | A “power of attorney” is a legal instrument whereby one person gives another person the authority to act on his or her behalf as his legal representative and to make lawful binding legal and financial decisions on his behalf including Sale or Purchase of Property on Buyer or Seller’s behalf. |
| 8 | Building plan sanctioned by the Statutory Authority | The building plan approval process relates to the issue of permission for the construction of buildings based on specific set of rules and regulations. |
| 9 | NOC from Electricity Deptt/Pollution Control Board/Water Works/ Air Port Authority | Before starting the construction, builder requires NOC from all key Govt Departments. In some states NOC from at least 19 departments are required ranging from Pollution Control Board to Fire & Safety etc. For example If builder does not get NOC from Electricity Deptt then in all probability, buyer will not get electricity connection thus 100% dependency on generators. It will increase maintenance bill drastically. |
| 10 | Supplementary agreement / Ratification Deed (if any) | Supplementary agreement captures any extension, change or modification in certain clauses of Principal Agreement. Many a times changes are required in principal agreement and only way to execute the same is through Supplementary agreement. Just check whether any supplementary agreement is executed against Principal agreement. |
| 11 | Allotment Letter from the Builder/Co-Operative Society/Housing Board/BDA | While availing Bank Loan to buy a property, Builder/Housing Society issues an Allotment Letter to the buyer which contain details like description of the said property being sold/bought by the two parties. It also mentions the amount of money which buyer has paid to the builder/housing society so that remaining amount can be financed by the bank. On the basis of this Allotment Letter, banks finance the balance amount. As such the Allotment Letter also gives all the pertinent details of the Property being bought/sold and also detailed specifications of the Project. Agreement of Sale is documented on a Stamp Paper whereas Allotment Letter is issued on Letter Head of concerned authority. Allotment letter is only issued to 1st owner by builder and subsequent owners can demand copy of original allotment letter from previous owner. |
| 12 | Sale Agreement between Builder and 1st Owner | It is very imp property document. The Sale Agreement must contain the liability of the Promoter/Builder to construct the building according to the plans and specifications approved by the local authority. It should also contain tentative possession date, price to be paid by the purchaser and the intervals at which the instalments towards the full payment are to be made specifying the stage of construction. It also contain details like the precise nature of the body to be constituted of the persons who would take the flats i.e. association, details regarding the common areas and facilities. It specify the percentage of undivided interest in the common areas and facilities pertaining to the apartment agreed to be sold & a statement of the use for which the apartment is intended. |
| 13 | Construction Agreement between Builder & 1st Owner | The construction agreement is another imp property document. It is essentially a works contract. In other words, it’s an agreement in writing for the execution of the work relating to the construction of the apartment and it also involves the transfer or sale of the goods involved in the execution of the contract. The nature of this contract is such that a person undertakes to execute work by incorporating various items, things and goods in such work. When completed, these items along with the executed work are owned by the person for whom the work has been executed. |
| 14 | Copy of possession letter from the builder | It ensures that possession of the said building is being delivered to the purchaser on the effective date specified in the letter. |
| 15 | Payment receipts paid towards the builder | Don’t forget to collect original Payment receipts from builder. In case of resale, you can collect payment receipts issued by builder to 1st owner. |
| 16 | If any loan on the property (Current or past) / Original Property Documents with Bank | a. List of original property documents with sellers Home Loan provider. b. Closure letter with penalty (if any). c. If the loan is closed then copy of closure letter / NOC issued by the concerned bank. |
| 17 | Sale agreement with the Seller | Sale agreement is executed between the parties for dealing with the property. Sale Agreement creates a right to obtain a sale deed mentioning the property. Normally it fixes a time for completion, payment of earnest money or part payment of purchase consideration. Generally it’s a property document that precedes a sale deed and in such cases does not require registration. Sale Agreement will not confer any charge or right on the property. However in some states the sale agreement is registered and will act as a sale deed. For Home Loan purpose, it is mandatory to pay stamp duty equal to 0.10% of Sale Agreement value. |
| 18 | Latest Tax Paid Receipt till Date of Registration (Property Tax/Municipal Tax etc) | It shows property details i.e. area, owners name & other imp details related to property. For income tax purposes in India, property is considered as a source of income and hence, tax is levied on that. Property usually mean real estate including any building, flat, shop etc. as well as the land appurtenant to the building. Under the Income Tax Act, incomes from the properties are regarded as one of the heads of income. The amount of tax is calculated on the value of the property being taxed. Local municipality authority that levies property tax for the maintenance of basic civic services in the city. Unlike UK where the occupier is liable to pay the property tax, it is the liability of the property owner to pay the property tax India to the concerned municipalities. |
| 19 | EC up to date for latest 13 years or from the date of registration till date | One of the most crucial property document. You can get Encumbrance Certificate from the sub registrar’s office. This office is directly under control of the Inspector of Registration of Properties, operated by the state government. The certificate shows that in a given period of time from when the property was bought/sold has there been any transaction or mortgaging. Buyers/sellers ask for this certificate when a new transfer (sale) is taking place, so that the buyer knows detail of all property transactions till date. Depending on type of transaction, the certificate is issued in two different forms. Form 15, will have details of transactions during the period of registration in the name of the owner. A person will get a ‘nil encumbrance certificate when no transaction has taken place. this certificate would appear on Form 16. The encumbrance certificate confirm that the property is still in the name of the person who is selling. |
| 20 | Demand Letter from the vendor before disbursement | Demand letter is issued by builder to 1st owner, demanding payment due as per schedule agreed between builder & 1st owner. |
| 21 | Own contribution receipt along with the bank statement | It is required by the institution i.e. bank or HFC which is providing loan for the property to ascertain that buyer has pooled & paid his own contribution to the seller. |
| 22 | NOC from the Society/Building association | An upto-date no objection certificate from the apartment’s owners association. It should clearly mention that Association does not have any objection on ownership transfer. |
| 23 | No-due certificate from the building association | An upto-date no dues certificate from the apartments owners association is required. Further a certificate from the Association that no charge of any Bank or financial institution is recorded with them with respect to the apartment. Yet another certificate from the Apartment Owners Association that they are custodians of all the Original documents and approvals of the entire property is a MUST. |
| 24 | Approved plan of construction/extension & license for construction. | Before starting the construction, Builder obtain approval from local development authority for construction. |
| 25 | Detailed cost estimate/valuation report from Chartered Engineer/Architect (if applicable) | Before approving loan, Bank carry out property valuation e.g. if you have applied for loan of 80% for property worth 60 Lacs & valuation report of bank estimate property value as 50 Lac then bank will only fund 80% of 50 Lac. |
| 26 | Conversion order/Betterment Charges paid receipt | Generally the land pockets available are agricultural in nature, as the major occupation is agriculture and the Government has taken various measures to secure & preserve it. The general use of all such lands is agriculture and if it has to be used for any other purpose other then agriculture, the property owner must obtain legal permission from the competent authority by following defined procedures. Conversion is a legal process by which the property owner changes the use of the land from agriculture to non agriculture purpose. It is also called CHANGE OF LAND USE / DC Certificate. The legal sanction/ conversion/ order/grant/permission is necessary to use the land for any other purpose. |
| 27 | Sanctioned Layout Approval plan | The layout plan should be approved by the local development authority. In the absence of this you could face Khata transfer and plan sanction problems. The development authority has a right to demolish the apartment and restore the land to status quo ante if layout approval plan is not in place. The title of the site itself can be fairly safe (if property documents are clear) but the development/construction activity can be unauthorized. |
| 28 | Auction Sale confirmation letter from Local Development Authority | If any site/land is purchased by builder or by independent house owner by ways of Auction by Local development authority then this letter is definitely required. |
| 29 | Release deed (If applicable) | Release Deed is executed to Release rights whereby a person renounces a claim upon other person or property. If you are purchasing a property, which might have been inherited by seller or was part of settlement between legal heirs of original owner then definitely you will come across release deed. It is very imp property document. |
| 30 | Completion Certificate | This certificate is issued by Municipal Authorities showing whether the building complies with the rules related to permissible building height, distance from road etc. whether it is built according to approved plan and is ready for habitation. |
| 31 | Occupancy Certificate | The occupancy certificate is issued after construction is completed. Once the builder applies for the certificate, an inspection is done again to confirm if the construction is completed as per sanctioned plan. This certificate is mandatory for any builder before he allows people to take possession of the property. |
| 32 | Loan/Charge/Mortgage by the Builder | If the Builder or the Land Owner has created a charge in favour of any Bank or Financial Institution, a NO OBJECTION LETTER from the institution is required. NO OBJECTION letter should clearly mention the property details, the name of the borrower, the borrower’s account number, the apartment, floor, area, car park etc. and shall be addressed to the Purchaser. The original letter should be in the safe custody of the Purchaser. If in “No Objection letter” if it is mentioned that all the payments by the Purchaser shall be through the financial institution, the same should be complied. If the Builder states that they have not availed any loan or have not created any charge on the property, the same shall be stated in definite words in the agreement/s to be entered into with the Developer. There should be clause that “all original documents, deeds and approvals are held by the Developer in their safe custody and that the Developer shall continue to hold the same in their safe custody in trust for all the purchasers of apartments, and shall never part with the Originals and that as soon as the Association of Apartment Owners is formed. All the Original documents, Deeds and approvals will be handed over to the Association.” This shall be over and above a declaration in the agreement/s by the Land owner and the Developer that the property is free from all encumbrances. |
| 33 | Deed of Declaration | A copy of the Deed of Declaration of the Apartment Owners Association and the Bye Laws annexed to the same can obtained from association office. It should confirms to the sale deed/title deed. It is also advisable to check any additional burden/costs in the form of transfer fee payable by the Transferee. |
| 34 | Latest Electricity Bill | Always insist on Latest Electricity Bill and Payment receipt from previous owner as Electricity bill is the another solid proof to establish the ownership of current owner. |
DOCUMENTS CHECKLIST DEED REGISTRATION
| Sr. No. | Title | Description |
|---|---|---|
| 1 | Proof of Ownership | Fard of Jamabandi/Certified copy of original old sale deed/assessment of MC/Mutation. |
| 2 | Identification of the Parties | Aadhar card/Pan card/Passport and ID proof of witness also. |
| 3 | Registration of document through power of attorney | Verification of GPA from where it has been registered in case it has been registered out of state only. |
| 4 | NOC required U/s 7(A) | NOC from DTP concerned if the area is notified U/s 7(A) of the HDRUA Act 1975. |
| 5 | Witness | Two witness of the parties along with ID proof. |
| 6 | Map Plan | Map plan and description of immovable property. |
| 7 | In case of building/plot | Digital photograph of building/plot. |
| 8 | In case of release deed | Mutation of Virasat for identification of ancestral property. |