Apartments and Villas

• Sale deed- A sale deed tops the checklist while verifying documents for your new home.
• Completion/Occupancy Certificate-A Completion Certificate (CC) is issued by the municipal authorities on the completion of the project.
• Building plan- Building plan is another document that needs to be cross-checked before finalising a property purchase.
• Encumbrance certificate- It is also important to verify that the property does not have any dues for which a buyer must check the encumbrance certificate
• Mutation certificate-This document identifies the owner of the property in government records and establishes their tax liabilities.

Agreement to Sell (ATS) Chain of Title or Sale Deed NOC from the society or other concerned bodies Share Certificates in case of societues Title Report Occupancy/Completion Certificate(OC) Encumbrance Certificate(EC)

·         Home Ownership Title- In real estate, title deed refers to ownership of the property so therefore the Builder should have Ownership.

·         If you want to buy any ongoing construction property from a builder then commencement certificate is required. This document helps you to check that the construction of the flat has started only after getting approval from the local authorities.

·         Building Approvals- The document of building approval states that a residential building in which you are planning to purchase a flat has no issues and is approved by the local authorities.

·         No Objection Certificate-. This document helps you as evidence in showing that the building has no objections related to the construction of it.

·         Encumbrance Certificate- This document helps in ensuring that the property is free from any dispute. 

·         Occupancy and Possession Certificate-. It indicates that the building is in a suitable condition for occupancy. This ensures that the building would suit for occupational purposes and can be owned by people.

·         Purchase Agreement- This agreement contains all major details of the building construction such as the project specification, payment terms, completion deadlines and type & amount of penalty. It also includes a clause to transfer the common areas to the society. This ensures the flat remains with the original owners and that the developer cannot engage in further construction on this particular place. It also mentions the Builders and the Developer’s Share

A builder cannot allot a flat without obtaining an OC. No person shall occupy or allow any other person to occupy a building or part thereof without obtaining an OC.

• The Sale Deeds: It gives the details of the series of transactions that the land has undergone. The original sale deed shows if the builder/developer has duly registered the Villa.
• Title Deeds:You need to examine the title deeds, a critical documents, which refers to the documents related to the property prior to the sale deed. RTC (Records of Rights and Tenancy Corps) or Mutation extract are other legal documents that need to be examined by you in relation to title deeds. If the land status had been agricultural or revenue land previously, whether the concerned authority has to issue a document pertaining to conversion of the land to buildable land.
• Khata certificate;The Khata should be in the landowner’s name. The buyers should check that the Khata is in the name of the builder/developer or present property owner because only then can it be transferred to the buyer’s name later.
• Tax-paid receipt:Check that the builder/developer or the property owner has paid all the necessary taxes and the receipts are up-to-date.
• Joint development agreement:If the project is a joint development the buyer need to insist on seeing a copy of the registered joint development agreement. Further, the agreement should show clearly the ratio of development share between the landowner and the developer as well as each person’s share of responsibilities. In other words, the buyer should know who will develop the lawn, who will fix the roof etc. – the division of labour and work.
• Encumbrance Certificate (EC):The buyer should get a copy of the updated encumbrance certificate with details of the last 30 years from the sub-registrar and get it checked.
• Sanctioned building plan:The buyer need to verify that the villa has a sanctioned plan and is being built according to that. Another document that has to be verified in conjugation with this is called the commencement certificate, which is needed for starting the construction.
• Electricity/water bill/ receipt:If the villa was occupied previously, be sure to get the latest electricity and water bill from the previous owner to ascertain that everything is above board. Even if the buyer is the first-owner taking up residence in a ready-to-move villa, he/she should insist on getting an electricity and water bill/receipt to make certain that the connections are genuine and the buyer will not have any problems at a future date.
• Maintenance No dues:If the buyer is buying a villa from a previous owners, he/she need to get NOC from the RWA to the effect that they have paid off all his dues to them. Otherwise the dues has to borne by the buyer.
• NOC:The buyer will need to ascertain that the developer has obtained NOCs under the provision of Urban Land Ceiling and Regulation Act.
• Sale and construction agreement:If the developer and the seller of the property are two different entities, it is better to examine the agreement of sale and construction drawn up by the developer in favour of the seller if such a document exists.
• Registered previous agreements:If the property is being re-sold to the buyer by the first owner, the buyer need to insist on seeing all the previous registered agreements.
• Society share certificate & Society registration certificate:The final document that the buyer needs to inspect is the certificate related to the society share and registration procedure (applicable to sale from builders) where applicable (this is not very common in Bangalore).

On receipt of documents, a requisition list (List will be detailing what other documents are required) will be shared within 3 working days with preliminary views (if possible) on the property.

And final legal opinion will be shared within 4 working days from the submission of last set of additional documents by you.

As a first step, we will undertake due diligence, to ascertain the existence of the title with the seller, the nature of the title and its marketability and the ability of the seller to convey clear and marketable title, free from encumbrance. Documents, for a period of 30 years, if not more (and where documents are not available, for minimum period of 12 years), will be examined.