Documents During Property Sale

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1.

Sale Deed/Title deed /Mother deed/Conveyance Deed


Description of Property Document: 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.
Why it is required: To establish the ownership of seller on title of property
Mandatory: Yes. All previous Sale Deeds are required in original
Required in Original: Yes
Required For: Property Purchase + Home Loan

2. RTC Extracts
Description of Property Document: 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.
Why it is required: To establish the Title of Land, if the property is located on
converted land e.g. converted from agricultural to non-agricultural use
Mandatory: No
Required in Original: No
Required For: Property Purchase

3. Katha Certificate and Extracts


Description of Property Document: 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.

Why it is required: For transfer of property


Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan

4. Mutation Register Extracts


Description of Property Document: 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.
Why it is required: To establish the Title of Land if the property is located on converted
land e.g. converted from agricultural to non-agricultural use
Mandatory: No
Required in Original: No
Required For: Property Purchase

5. Joint Development Agreement


Description of Property Document: 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.
Why it is required: To establish whether original title of property rests with the Builder
or with Landowner
Mandatory: Yes
Required in Original: No
Required For: Property Purchase

6. General Power of Attorney


Description of Property Document: 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.
Why it is required: To establish whether the previous Sale or Purchase was carried out
by authorized person on Seller or Buyers behalf
Mandatory: Yes (If any of previous Sale/Purchase were executed through GPA)
Required in Original: Yes
Required For: Property Purchase + Home Loan

7. Building plan sanctioned by the Statutory Authority


Description of Property Document: The building plan approval process relates to the
issue of permission for the construction of buildings based on specific set of rules and
regulations.
Why it is required: To establish whether the property is authorized or unauthorized
Mandatory: Yes
Required in Original: No
Required For: Property Purchase

8. NOC from Electricity Deptt/Pollution Control


Board/Water Works/ Air Port Authority
Description of Property Document: 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.
Why it is required: To ensure Govt approvals are in place
Mandatory: Yes
Required in Original: No
Required For: Property Purchase

9. Supplementary agreement / Ratification Deed (if any)


Description of Property Document: 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.
Why it is required: To avoid any future shock on modified clauses which you might not
be aware of & is not included in property documents.
Mandatory: Yes
Required in Original: No
Required For: Property Purchase

10. Allotment Letter from the Builder/Co-Operative


Society/Housing Board/BDA.
Description of Property Document: 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
Why it is required: For Description of Property & Project specification by Builder or
Housing Society
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan

11. Sale Agreement between Builder and 1st Owner


Description of Property Document: 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 installments 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.
Why it is required: As mentioned in Description
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan

12. Construction Agreement between Builder & 1st Owner


Description of Property Document: 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.
Why it is required: As mentioned in Description
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan

13. Copy of possession letter from the builder


Description of Property Document: It ensures that possession of the said building is
being delivered to the purchaser on the effective date specified in the letter.
Why it is required: As mentioned in Description
Mandatory: Yes (In case of 1st Purchase i.e. from Builder)
Required in Original: Yes
Required For: Property Purchase + Home Loan

14. Payment receipts paid towards the builder


Description of Property Document: 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.
Why it is required: As mentioned in Description
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan (In case of 1st Purchase i.e. from
Builder)

15. If any loan on the property (Current or past) / Original


Property Documents with Bank
Description of Property Document:
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.

Why it is required: To ascertain that property is not mortgaged


Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan

16. Sale agreement with the Seller


Description of Property Document: 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.

Why it is required: To fix terms and conditions for sale


Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan

17. Latest Tax Paid Receipt till Date of Registration


(Property Tax/Municipal Tax etc)
Description of Property Document: 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.
Why it is required: As mentioned in description
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan
18. EC up to date for latest 13 years or from the date of
registration till date
Description of Property Document: 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 it.
Why it is required: To establish ownership of seller on the title of the property
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan

19. Demand Letter from the vendor before disbursement


Description of Property Document: Demand letter is issued by builder to 1st owner,
demanding payment due as per schedule agreed between builder & 1st owner.
Why it is required: As mentioned in description
Mandatory: Yes (For 1st Purchase)
Required in Original: Yes
Required For: Property Purchase + Home Loan

20. Own contribution receipt along with the bank


statement
Description of Property Document: 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.
Why it is required: For availing Home Loan it is mandatory for purchaser to contribute
20% of Purchase Value from his own sources and bank only approve loan upto 80 % of
the purchase value
Mandatory: Yes
Required in Original: No
Required For: Home Loan
21. NOC from the Society/Building association.
Description of Property Document: 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
Why it is required: To avoid any future objection by apartment association
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan

22. 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.
Why it is required: To ensure owner has cleared all the dues & association is
custodian of all original documents
Mandatory: Yes
Required in Original: Yes
Required For: Property Purchase + Home Loan

23. Approved plan of construction/extension & license for


construction.
Description of Property Document: Before starting the construction, Builder obtain
approval from local development authority for construction.
Why it is required: To ensure building has approval in place for construction
Mandatory: Yes (For 1st purchase from builder)
Required in Original: No
Required For: Property Purchase + Home Loan

24. Detailed cost estimate/valuation report from Chartered


Engineer/Architect (if applicable)
Description of Property Document: 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.
Why it is required: To fix loan eligibility based on property valuation
Mandatory: No (Normally its bank’s internal document)
Required in Original: No
Required For: Home Loan

25. Conversion order/Betterment Charges paid receipt.


Description of Property Document: 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
Why it is required: For converted lands
Mandatory: Yes
Required in Original: No
Required For: Property Purchase + Home Loan

26. Sanctioned Layout Approval plan


Description of Property Document: 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.
Why it is required: As mentioned in Description
Mandatory: Yes
Required in Original: No
Required For: Property Purchase + Home Loan

27. Auction Sale confirmation letter from Local


Development Authority
Description of Property Document: 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
Why it is required: As mentioned in Description
Mandatory: Yes (As applicable)
Required in Original: No
Required For: Property Purchase + Home Loan
28. Release deed (If applicable)
Description of Property Document: 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.
Why it is required: As mentioned in Description
Mandatory: Yes (As applicable)
Required in Original: Yes
Required For: Property Purchase

29. Completion Certificate


Description of Property Document: 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.
Why it is required: To ensure building is constructed as per approved plan
Mandatory: Yes
Required in Original: No
Required For: Property Purchase + Home Loan (Mandatory for 1st Purchase)

30. Occupancy Certificate


Description of Property Document: 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.

Why it is required: To ensure flat is ready for occupancy and construction is completed
as per sanctioned plan
Mandatory: Yes
Required in Original: No
Required For: Property Purchase + Home Loan (Mandatory for 1st Purchase)

31. Loan/Charge/Mortgage by the Builder:


Description of Property Document: 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.
Why it is required: To ascertain property is not mortgaged by the Builder
Mandatory: Yes
Required in Original: No
Required For: Property Purchase

32. DEED OF DECLARATION


Description of Property Document: 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.
Why it is required: To establish transfer of ownership to original buyer by builder
Mandatory: No
Required in Original: No
Required For: Property Purchase

33. Latest Electricity Bill


Description of Property Document: 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.
Why it is required: To establish ownership
Mandatory: No
Required in Original: Yes
Required For: Property Purchase

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