If one is planning to purchase property (highly capital intensive), get ready to do some significant due diligence in verifying various documents to ensure there is no hidden legal issues, payment dues etc. If there are any issues, it can trouble the buyer at a later point in time. One should seek proper legal advice, documents scrutiny and verification of details on the property is a MUST to ensure there that investment brings peace of mind.

This article provides key checklist (not exhaustive) for buyers to use before buying any property.

Property Document Checklist

Buyer should undertake due diligence to ensure existence of the title with the seller, nature of the title and its marketability and free from encumbrance.

• Property Title – Any valid document (Sale Deed, Will, succession certificate, any grant etc) confirming the vesting of the property with the seller
• Nature of the Title – Leasehold, freehold or development right
• Power of Attorney executed by owners in favour of the seller, if the seller claims development rights
• All title documents duly stamped and registered at jurisdictional sub-registrar office
• Availability of original title document with sellers
• Any past, pending litigation on the property

Seller Identify

Buyer should also ascertain the identity of the seller. Aadhar, PAN etc can be used. Check for all owner’s identity if it is jointly held.

Construction Approvals

Buyer should verify whether the building/layout plan is approved by local authorities for providing services like water, sewage, electricity connections etc.

Occupancy Certificate

It is usually issued by local government bodies on completion of the project. This is a proof that building adheres to all rules applicable. It is also an indication that property is suitable for occupancy. One shouldn’t buy a new property without this. Without a valid occupancy certificate, a property is deemed as unauthorized structure.

Bill Payment history

Buyer need to ensure that all property taxes are paid on date and nothing is due. Also, buyer need to check for all utility bills as buyer will become liable for all past due post the property is transferred.

Encumbrance

Buyer must check for any encumbrance registered on the property. It can be done either at sub-registrar office or online.

Compliance with Real Estate Regulation and Development Act, 2016 (RERA)

Check if the property (developer/broker) is registered under RERA. Buyer also need to check in web portal of RERA to find out if there is any cases against the developer.