Legalaties to check While Buying a Resale Property in Bangalore

Blog, Legal Guidance No Comments January 10, 2025

When buying a resale property in Bangalore, it is essential to ensure that all the legal documents are in place to avoid future disputes or issues. Below is a checklist of important legal documents you should verify:

1. Sale Deed

  • Purpose: Proof of property ownership transfer from the seller to the buyer.
  • What to Check: Ensure the sale deed is registered at the Sub-Registrar’s Office and does not contain any discrepancies.

2. Mother Deed

  • Purpose: Traces the ownership history of the property.
  • What to Check: Verify the sequence of ownership and ensure a clear title.

3. Encumbrance Certificate (EC)

  • Purpose: Confirms that the property is free of any legal dues or encumbrances.
  • What to Check: Obtain the EC from the Sub-Registrar’s Office. Check records for at least 30 years.

4. Khata Certificate and Extract

  • Purpose: Proof that the property is recorded in the municipal records and taxes are paid.
  • What to Check: Ensure the Khata is in the seller’s name and up-to-date.

5. Building Plan Approval

  • Purpose: Validates that the property was constructed according to approved plans.
  • What to Check: Ensure the layout and construction have approval from the Bangalore Development Authority (BDA) or relevant local authorities.

6. Tax Receipts

  • Purpose: Evidence of property tax payments.
  • What to Check: Verify that the seller has paid property taxes up to date.

7. Occupancy Certificate (OC)

  • Purpose: Certifies that the building complies with local laws and is fit for occupancy.
  • What to Check: Ensure the OC is issued by the municipal authority.

8. No Objection Certificates (NOCs)

  • Purpose: Confirms there are no objections from various departments, including water, electricity, and fire safety.
  • What to Check: Obtain NOCs from the relevant authorities.

9. Agreement of Sale

  • Purpose: Initial agreement between buyer and seller outlining terms and conditions.
  • What to Check: Ensure terms are clear and agreed upon by both parties.

10. Possession Certificate

  • Purpose: Confirms the date of handover of the property to the buyer.
  • What to Check: Ensure the seller has provided this document.

11. Title Deed

  • Purpose: Confirms ownership and legal status of the property.
  • What to Check: Ensure the title is clear and marketable.

12. Utility Bills

  • Purpose: Ensures there are no pending bills for water, electricity, or gas connections.
  • What to Check: Verify that all bills are paid up to date.

13. RERA Registration

  • Purpose: Ensures compliance with the Real Estate (Regulation and Development) Act, 2016.
  • What to Check: If applicable, verify RERA registration for the property.

14. Power of Attorney (if applicable)

  • Purpose: Ensures the seller has legal authority to sell the property.
  • What to Check: Validate that the Power of Attorney is genuine and registered.

15. Litigation Check

  • Purpose: Ensures the property is not involved in any ongoing legal disputes.
  • What to Check: Conduct a title search with a lawyer.

Steps for Verification

  1. Hire a Legal Expert: Consult a property lawyer to scrutinize all documents.
  2. Conduct Due Diligence: Visit local municipal offices or the Sub-Registrar’s Office to verify authenticity.
  3. Home Loan Pre-Approval: Banks conduct their own verification, which adds an extra layer of due diligence.

Ensuring proper documentation will safeguard your investment and provide peace of mind.
Contact BHARATPROP for Hassle free Services.

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