Property Documents List for Buying a Flat: The 12 Documents to Check Before You Pay a Token Amount

A token amount is the point at which a flat purchase stops being a conversation and starts being a transaction, and it is the point at which most buyers have seen a brochure, a floor plan and a sale deed in the seller's name — and nothing else. The twelve documents below are what a bank's panel lawyer checks before sanctioning a loan and what a buyer paying cash should check for the same reason. Ask for copies of all of them before paying anything; a seller who will not produce them has told you what you need to know.

Title: who owns it, and is it free of claims

1. The chain of title deeds

The registered sale deeds, gift deeds, partition deeds, wills with probate or succession certificates, and release deeds through which the property has passed from the original owner — the "mother deed" — to the present seller, for at least thirty years. Each link should name the previous owner as the transferor and the next as the transferee, and the survey number, extent and boundaries should match throughout. A gap in the chain, a deed that is unregistered, or a transfer by a person who was not the recorded owner is a defect that a lawyer must examine before you proceed.

2. Encumbrance certificate

Issued by the sub-registrar's office for a stated period, listing every registered transaction affecting the property: sales, mortgages, leases, gifts and registered attachments. Obtain it for thirteen years at minimum and thirty years where possible, and check that it is for the correct survey number and extent. It does not show unregistered mortgages by deposit of title deeds, which is why you also need the lender's documents, nor pending litigation, which is checked separately through court records and a search of the seller's name.

3. Revenue record: khata, patta, 7/12 extract or property card

The municipal or revenue record that shows the property, and the person liable for tax on it, in the seller's name — the khata in Karnataka (an A-khata, not a B-khata, for a lawful building), the patta and chitta in Tamil Nadu, the 7/12 extract and property card in Maharashtra, the mutation entry in Delhi and most northern states. A seller whose name is not in the record, or a record that shows a different extent, needs explaining.

4. Property tax receipts and utility bills

Receipts for the last three years in the seller's name, and the latest electricity and water bills. Arrears follow the property, and the bills corroborate possession.

Legality: is the building what it is supposed to be

5. Land conversion order

Where the land was agricultural, the order of the revenue authority converting it to non-agricultural residential use. A building on unconverted agricultural land is unlawful, cannot be registered in many states, and cannot be financed.

6. Sanctioned building plan and layout approval

The plan approved by the municipal corporation or development authority, with the approval number and date, and, for a project on a larger plot, the layout approval. Compare the approved plan with the building as built: an extra floor, a converted parking area or a balcony enclosed beyond the plan are deviations that can attract demolition or regularisation charges and will be noted by the valuer.

7. Commencement certificate

The authority's permission to begin construction, issued after the plan is sanctioned and preconditions are met. Its absence means the building was begun without permission.

8. Occupancy certificate and completion certificate

The completion certificate confirms the building matches the sanctioned plan; the occupancy certificate confirms it is fit to occupy, with fire, water, sewage and electricity clearances. The Real Estate (Regulation and Development) Act, 2016 requires the promoter to obtain the occupancy certificate before handing over possession, and a flat without one may be unlawful to occupy, denied utility connections and refused by lenders. For a resale flat, ask for the certificate for the building; for a new one, make its receipt a condition of the final payment.

The transaction: protecting your money

9. RERA registration and the project's filings

For a new project of more than 500 square metres or eight units, the promoter must register with the state real estate regulatory authority and the registration number must appear in every advertisement and agreement. Check the state RERA website for the registration, the sanctioned plan, the promoter's quarterly progress reports, the number of units sold and any complaints. The Act's protections — carpet-area pricing, seventy per cent of your money in a separate project account, interest for delay, and a five-year defect liability — depend on the project being registered.

10. Agreement for sale, allotment letter and payment receipts

For a new flat, the allotment letter and the agreement for sale in the form the state's RERA rules prescribe, with the carpet area, the possession date, the payment schedule and the penalty for delay; for a resale, a written agreement to sell before you pay anything beyond the token, specifying the price, the documents the seller will deliver, the date for the sale deed and what happens to the advance if either side defaults. Every payment by bank transfer or cheque, against a receipt.

11. Lender's documents: loan sanction, no-objection and release

If the seller or the builder has mortgaged the property — most builders do, and many sellers have a home loan — obtain the bank's no-objection certificate to the sale and, at completion, the release deed and the original title deeds from the bank. If you are borrowing, the lender's title search report is a useful second opinion; ask for a copy.

12. The seller's identity and authority

PAN and Aadhaar of every seller; if the seller is acting under a power of attorney, the registered power, specific to this property and still in force, together with the principal's own title; if the property is inherited, the legal heir certificate or succession certificate and the consent of every heir; if the seller is a company, the board resolution; if the flat is in a cooperative society, the share certificate and the society's no-objection to the transfer. The Supreme Court held in Suraj Lamp (2012) that a "GPA sale" — power of attorney, agreement to sell and will — does not transfer title; only a registered sale deed does.

Before and at registration

• Title search by a lawyer. A written title opinion on documents 1 to 4 and 12, with the litigation search, costs a fraction of the price and is the single best protection a buyer can buy.
• Site verification. Match the survey number and boundaries on the ground, check with neighbours and the society for disputes, and confirm that the person showing the flat is the person in the records.
• Stamp duty and registration. Calculated on the higher of the agreed price and the guideline or circle rate; paid before the sale deed is registered under the Registration Act, which is mandatory for a sale of immovable property.
• TDS. For consideration of ₹50 lakh or more, deduct one per cent at source and deposit through Form 26QB; a non-resident seller needs separate treatment.
• After registration. Collect the registered deed, apply for mutation of the revenue record and the khata or patta into your name, transfer the utility connections, and obtain the society's membership.

Red flags that should stop the deal

• A seller who cannot produce the originals of the title deeds, or says they are "with the bank" without a loan document.
• A gap in the chain of title, an unregistered link, or a transfer by a person not in the record.
• A B-khata, an unconverted plot or a building without a sanctioned plan.
• A new project without RERA registration, or with a registration that has lapsed.
• Pressure to pay a large sum in cash, or to register at a value below the price paid.
• A power of attorney that is unregistered, general or revoked, or a principal who cannot be contacted.

Document names and procedures vary by state; this guide uses the common ones. For any purchase, obtain a written title opinion from a property lawyer in the state where the flat is located before paying more than a refundable token.

This guide is for general information only and does not constitute legal advice. Readers should consult a qualified lawyer about their own circumstances.