Property buying checklist in India: the legal documents to verify before you pay
Whether you are buying a resale flat, an under-construction apartment or a plot, the paperwork trail decides whether your ownership is clean, mortgageable and resaleable. Work through this list with a property advocate before releasing any advance beyond a token.
Title and ownership chain
Start with the mother deed and the chain of sale deeds, ideally covering 30 years, to confirm unbroken title. Match names, extents and boundaries in every link.
- Mother deed and successive sale deeds / conveyance deed
- Encumbrance certificate (EC) for 13–30 years showing no unreleased mortgage
- Latest property tax receipts and khata / patta / 7-12 extract as applicable in your state
- Approved layout and building plan sanctioned by the local authority
- Conversion order (DC conversion) where agricultural land became residential
Compliance for new and under-construction projects
Verify the project's RERA registration number on your state RERA portal and read the declared completion date, sanctioned plan and litigation disclosure. Insist on carpet-area based agreements and a payment schedule linked to construction milestones.
- RERA registration and quarterly progress updates
- Commencement certificate (CC) and later the occupancy certificate (OC)
- Completion certificate before final possession
- NOCs: fire, lift, water, sewage, electricity, environment where applicable
- Builder-buyer agreement clauses on delay penalty and possession date
Resale-specific checks
For resale, add the society share certificate, no-dues certificate from the housing society, transfer NOC, previous loan closure and original registered documents. If the seller is an NRI, check the TDS rate applicable and repatriation paperwork.
Money and tax formalities
Budget stamp duty and registration (typically 5–7% plus 1% registration, varying by state and buyer gender), GST at 1% for affordable and 5% for other under-construction homes, and 1% TDS on consideration of ₹50 lakh or more. Register the sale deed at the sub-registrar office within the statutory window and collect the scanned registered copy.
Frequently asked questions
Is an occupancy certificate mandatory before moving in?
Yes. Taking possession without an OC leaves you occupying a building the local authority has not certified as fit, which can block water, power and future resale.
How many years of encumbrance certificate should I take?
13 years is the usual minimum; 30 years is safer for high-value purchases or land with a complicated ownership history.
Can I rely on the builder's RERA number alone?
Check it on the state RERA website rather than the brochure, and read the project's declared timelines and complaints history there.